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Limitation periods in relation to commercial claims

Tue, 27 Oct 2009 00:00 GMT

A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.

IT systems: Business continuity and disaster recovery planning

Mon, 26 Oct 2009 00:00 GMT

Businesses rely on IT systems to conduct their day to day business. Failure of these systems can be disastrous, so it is critical organisations have coherent and resilient business continuity strategies in place.

Procurement Update: OGC Guidance on Jean Auroux

Wed, 21 Oct 2009 00:00 GMT

The OGC has been under pressure for some time to publish guidance on the unpopular Jean auroux / Roanne case.

Website operators can owe duty of care to users

Wed, 07 Oct 2009 00:00 GMT

The first case to consider statements made on websites opens the door to claims for negligent misstatement.

Interpretation of defined terms and recitals

Wed, 07 Oct 2009 00:00 GMT

Defined terms are used in agreements to create certainty and minimise ambiguity. However, a recent court judgment has highlighted that defined terms need not always be given their express meaning.

Google AdWords don't infringe Trade Mark law

Wed, 23 Sep 2009 00:00 GMT

Google has been offering advertisers the right to buy keywords corresponding to well known trade marks. These AdWords allow businesses to ensure their web page appears whenever a relevant keyword is used by someone using Google's search engine.

VAT cross border supplies: Are you ready for 2010?

Thu, 17 Sep 2009 00:00 GMT

If you supply cross-border services there are important VAT changes coming into force on 1 January 2010 that you must be aware of.

Starting a new internet business?

Thu, 17 Sep 2009 00:00 GMT

There are many reasons for starting an internet business - low overheads, expansion plans, a new business concept or strategy.

Social media and company websites

Tue, 25 Aug 2009 00:00 GMT

Businesses are beginning to incorporate social media functionality into websites to energise their online presence. But before taking the plunge, others should consider the commercial and legal risks.

eBay announces new minimum standards for sellers

Thu, 13 Aug 2009 00:00 GMT

From 1 October 2009 all eBay sellers will need to ensure that their number of transactions with detailed seller ratings (DSR) of 1 and 2 for 'item description' is below 3%.

Court confirms consultant's breach of confidence

Thu, 13 Aug 2009 00:00 GMT

The Chancery Division of the High Court has ruled in favour of the Vestergaard Group of Companies after defendants - including two ex-employees and a consultant - went to work for a competing company to develop rival products.

Status quo for construction of contracts

Thu, 13 Aug 2009 00:00 GMT

A House of Lords case has reaffirmed the principles courts will apply when interpreting a contract.

Virgin loses out in trade mark ruling

Wed, 29 Jul 2009 00:00 GMT

South African company Bodtrade has registered the phrase: 'You can't be a virgin all of your life, it's time', despite opposition from global brand Virgin Enterprises Limited.

E-commerce: The compliance web

Tue, 28 Jul 2009 00:00 GMT

For many companies e-tailing is a natural progression from bricks and mortar offerings in their attempts to reach a wider audience.

Shape trade marks difficult to enforce

Tue, 28 Jul 2009 00:00 GMT

Kitchen equipment manufacturer Whirlpool registered the shape of a food mixer as a Community trade mark.

Online behavioural advertising suffers UK setback

Wed, 15 Jul 2009 00:00 GMT

UK online behavioural advertising suffered a setback when two of the country's largest ISPs - BT TalkTalk - backed out of talks with technology firm Phorm over using its online behavioural advertising system, Webwise.

'Can I see some ID?' Why age verification is a hot topic for online retailers (Part 2)

Thu, 02 Jul 2009 00:00 GMT

In Part 2 of legal assistant Tricia Pearson's look at how children can be protected in the virtual world, she examines 'super databases', biometric verification, and what it all means for online retailers.

'Can I see some ID?' Why age verification is a hot topic for online retailers (Part 1)

Wed, 24 Jun 2009 00:00 GMT

In the first of a two-part look at age verification issues facing online retailers and dangers faced by children in the virtual world, we consider age verification legislation, why it is a hot topic, and tools that retailers can use.

Customs change procedure for dealing with infringing Intellectual Property goods

Tue, 23 Jun 2009 00:00 GMT

Customs has changed, with immediate effect, the way in which they deal with goods suspected of infringing brand owners' intellectual property rights.

ICO's new weapon in consumer data battle

Tue, 16 Jun 2009 00:00 GMT

The Information Commissioner's Office (ICO) has launched the new Privacy Notices Code of Practice.

Beware the non-waiver clause

Fri, 12 Jun 2009 00:00 GMT

A recent Court of Appeal case has cast doubt on the value of such 'non-waiver' clauses.

ECJ sends chocolate bunny battle back to Austria

Fri, 12 Jun 2009 00:00 GMT

The European Court of Justice (ECJ) has ruled national courts should determine if trade marks have been applied for in bad faith - meaning two chocolate bunny makers must go back to Austria to settle a trade mark dispute.

L'Oreal 'loses' to eBay in the UK

Fri, 22 May 2009 00:00 GMT

The High Court has ruled that eBay cannot be held legally accountable for the sale of counterfeit goods on its website.

Going green: The pros and cons of green computing

Mon, 18 May 2009 00:00 GMT

In early 2008, 'green computing' and the idea that companies were going to need to implement new measures to improve their green credentials was one of the hot topics in IT.

Public Procurement: More important OGC guidance

Wed, 06 May 2009 00:00 GMT

April has been a busy month for the OGC seeing it publish two Action Notes, which Registered Providers need to bear in mind when carrying out procurement exercises.

Luxury brands handed licence to sue

Mon, 27 Apr 2009 00:00 GMT

The European Court of Justice (ECJ) has ruled that luxury brand owners can use their trade mark rights to prevent licensees selling goods to discount stores in breach of licence.

Credit insurance update: Budget special

Fri, 24 Apr 2009 00:00 GMT

As availability of credit insurance continues to dwindle, coupled with the complete withdrawal of trade credit insurance in some instances, businesses are being damaged and their supply chains disrupted.

Budget 2009: Tax Summary

Thu, 23 Apr 2009 00:00 GMT

The Chancellor delivered the 2009 Budget on 22 April 2009. The following is a summary of the main points of interest.

Liability for negligence: A costly reminder

Thu, 23 Apr 2009 00:00 GMT

Indemnity clauses and negligence - a review of the impact of the judgment in the Buncefield disaster case on the effect of indemnity clauses and whether a party can recover under an indemnity clause where it caused the damage by its own negligence.

Software development services: check your IPRs and licensed rights

Mon, 20 Apr 2009 00:00 GMT

Virtually every business has some sort of website or presence on the internet, and it is often an integral part of the business.

Is escrow just expensive, ineffective insurance?

Tue, 17 Mar 2009 00:00 GMT

Software is part of the day-to-day fabric for most companies. And almost everyone who uses it does so with little or no thought about what happens should it fail, or if it is no longer available.

Supermarkets' buying power could damage competition - GSCOP

Tue, 10 Mar 2009 00:00 GMT

After a long running inquiry, the Competition Commission (CC) has published the draft Groceries Supply Code of Practice (GSCOP) Order.

'Not waving, but drowning': Dealing with 'underwater' options

Mon, 09 Mar 2009 00:00 GMT

The worldwide recession has seen almost three quarters of FTSE 100 companies' employee share options slip 'underwater', according to recent research.

Distressed business buyers: Are there alternatives to asset sales?

Tue, 24 Feb 2009 00:00 GMT

This article discusses the use of a hive-down in the context of a distressed business purchase, and some of the bear traps awaiting the unwary.

Compensation award for employee inventors is first of its kind

Fri, 20 Feb 2009 00:00 GMT

For the first time ever, the High Court has awarded two employees compensation for their inventions, which were held to be of 'outstanding benefit' to their employer.

Businesses damaged as trade credit insurance is pulled

Fri, 20 Feb 2009 00:00 GMT

The issue of credit insurance remains high on the commercial agenda. And it continues to be reported that the withdrawal of trade credit insurance is disrupting supply chains and causing damage to businesses.

Software development: How agile are you?

Fri, 20 Feb 2009 00:00 GMT

With the credit crunch likely to affect every aspect of the global economy, the prospect of declining revenue threatens to erode the profitability of many businesses.

Pre-packs: So you think it's a TOGC?

Tue, 17 Feb 2009 00:00 GMT

Pre-pack administration sales - pre-packs - is the process by which the assets of a struggling company (Oldco) are transferred to a new company (Newco), before being sold by the administrator to new owners.

Encryption: Being used when it should...if at all?

Thu, 29 Jan 2009 00:00 GMT

Following several recent high profile losses of personal data, businesses are increasingly concerned about their duties under the Data Protection Act 1998.

Trade marks on free promotional goods not 'genuine use' - ECJ

Thu, 29 Jan 2009 00:00 GMT

A European Court of Justice (ECJ) ruling has provided further guidance to businesses on what constitutes 'genuine use' of a trade mark for the purpose of maintaining trade mark registration.

Hidden goldmine for internet retailers?

Mon, 26 Jan 2009 00:00 GMT

Internet retailers could be sitting on a hidden goldmine, as the research behind a new EU proposal demonstrates.

Pre-packs must be see-through

Tue, 20 Jan 2009 00:00 GMT

With effect from 1 January 2009, new rules require administrators to provide information to creditors on a range of detailed issues when carrying out a pre-pack sale in an administration.

OFT restates position on merger "failing firm" defence

Tue, 13 Jan 2009 00:00 GMT

As the credit crunch continues to bite and companies suffer the fall-out, the OFT has decided to publish a restatement of its position on the so-called "failing firm" merger defence.

Consumers must always be protected, states FSA

Thu, 11 Dec 2008 00:00 GMT

During this busy period of consumer sales, traders should bear in mind recent guidance from the OFT and Financial Services Authorities, in relation to their contracts with consumers...

Clickwrap: A mousetrap for the electronic age

Thu, 11 Dec 2008 00:00 GMT

Anybody who has ordered their Christmas shopping online or installed software will have encountered so-called 'clickwrap' agreements.

Court confirms there is life in LIFO

Tue, 09 Dec 2008 00:00 GMT

The High Court recently considered the UK's age discrimination legislation in the context of a redundancy situation, giving guidance on the use of the 'last in first out' (LIFO) selection criterion.

Confirmation that disability discrimination by association now applies to all employers

Tue, 09 Dec 2008 00:00 GMT

A tribunal has confirmed that the UK's disability discrimination legislation already extends to "associative discrimination".

Consultation on closing tips loophole added to menu

Tue, 09 Dec 2008 00:00 GMT

Government launches consultation on closing the tips loophole, allowing tips paid to workers via payroll to count towards national minimum wage pay.

Border agency updates TUPE notification guidance

Tue, 09 Dec 2008 00:00 GMT

The UK Border Agency (UKBA) has updated its guidance on notification following a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

Consultation on changing Disability Discrimination Act 1995

Tue, 09 Dec 2008 00:00 GMT

Disability discrimination laws in the UK look set for a shake-up as the Government considers how to respond to a recent House of Lords ruling which, potentially, narrowed the scope of protection for disabled people.

Death knell for the sick note?

Tue, 02 Dec 2008 00:00 GMT

Days of being signed off sick may be numbered under Government plans to radically change attitudes to illness and work. A new "fit note" focusing on what work an employee can do rather than what they can't do will replace the current medical certificate.

Redundancy and unfair dismissal costs to increase from February 2009

Tue, 02 Dec 2008 00:00 GMT

The Government has announced the new compensation limits that will apply from 1 February 2009. This change also affects the amount of statutory redundancy pay an employer is required to make.

Pre-budget report 2008 - tax issues

Tue, 25 Nov 2008 00:00 GMT

The Chancellor delivered the 2008 Pre-Budget Report yesterday (24 November 2008). The following is a summary of the main points:

VoIP: What's the catch?

Mon, 24 Nov 2008 00:00 GMT

Solicitor and commercial specialist Ross Woodham takes a technical and commercial look at Voice over Internet Protocol (VoIP), as it grows in popularity.

Easy access to contact details via .tel domains

Wed, 19 Nov 2008 00:00 GMT

New .tel domain names will allow businesses to store and manage their contact details in a directory accessible from any device connected to the internet.

Goodbye statutory procedures, hello ACAS code of practice

Fri, 14 Nov 2008 00:00 GMT

The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.

Shopping centres' landmark trade mark decision

Fri, 14 Nov 2008 00:00 GMT

A landmark High Court judgement has ruled that names and brands of shopping centres can be registered as trade marks.

Pressetext case set to be landmark

Wed, 12 Nov 2008 00:00 GMT

When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?

Thresholds: Contracts of cross border interest

Tue, 11 Nov 2008 00:00 GMT

When do Part B or below the threshold contacts have to be advertised? This is a topical issue, touched on in our Summer 2008 newsletter.

Prepare for more information access requests businesses told

Tue, 11 Nov 2008 00:00 GMT

Companies should be prepared for an increase in the use of subject access requests (SARs) by individuals affected by the economic downturn.

Remedies Directive Consultation

Mon, 10 Nov 2008 00:00 GMT

The Remedies Directive was adopted by the EU Council of Ministers and the European Parliament on 11 December 2007 and published in OJEU on 20 December 2007.

Redundancy rights and wrongs

Mon, 10 Nov 2008 00:00 GMT

With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.

Get ready for immigration system's big shake-up

Mon, 10 Nov 2008 00:00 GMT

The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.

Internet expansion: the new .brand gTLD

Tue, 04 Nov 2008 00:00 GMT

The anticipated new registration scheme allowing companies to apply to register their own gTLD's will see a huge change in the way in which the internet is structured.

New serious crime offences for IP cheats

Mon, 03 Nov 2008 00:00 GMT

Trademark and copyright infringers face new punishments as a result of the Serious Crime Act 2007.

Sales risks: how exposed is your business?

Thu, 23 Oct 2008 00:00 GMT

In the current climate stories are emerging daily of situations where suppliers can no longer obtain credit insurance in respect of particular customers.

New regime for temporary agency workers approved by Europe

Wed, 22 Oct 2008 00:00 GMT

The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.

Stress in the workplace: reasons to be fearful

Mon, 20 Oct 2008 00:00 GMT

Employers owe a duty of care to staff, and must do all they can to protect employees' health and safety at work. This extends to protecting employees' mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.

Employers in tribunal claims will have details disclosed

Mon, 20 Oct 2008 00:00 GMT

The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform (BERR) to disclose names and addresses of respondents to employment tribunal claims made since October 2004.

Questions over ex gratia payments continue to tax employers

Mon, 20 Oct 2008 00:00 GMT

Tax treatment of termination payments is a perennial issue for employers and their lawyers. Employees often believe they are automatically entitled to tax free payments, but this depends on the facts of the individual case.

Companies Act offers hope for defending company names

Mon, 29 Sep 2008 00:00 GMT

New legislation from 1 October 2008 will give the owners of goodwill in a mark a new weapon against those seeking to take advantage of the reputation of their brand.

Review urged as regulators crackdown on non-compliant websites

Wed, 24 Sep 2008 00:00 GMT

With a crack-down on non-compliant online retailers under way, now is a good time for operators of e-commerce sites to give themselves a legal health-check.

How to stop your website being 'screen scraped'

Mon, 22 Sep 2008 00:00 GMT

When Ryanair hit the news recently by cancelling flight bookings made by passengers through third party websites, the phrase 'screen scraping' was heard by many people for the first time.

Government set to bypass competition rules and push through HBOS/Lloyds merger

Fri, 19 Sep 2008 00:00 GMT

The Government has announced that it intends to issue an "intervention notice" in the Lloyds TSB HBOS merger. This almost unprecedented step effectively bypasses the merger rules which allow regulators to scrutinise and even block anti-competitive deals.

Bleak outlook demands updated contracts

Wed, 03 Sep 2008 00:00 GMT

Many contracts have been signed in better times. Now the economic outlook is not as bright. Whatever the nature of the agreement (IT, outsourcing, supply etc), there may be a feeling that a contract is no longer providing the value you expect.

Think twice before ganging up on Google

Wed, 03 Sep 2008 00:00 GMT

Google prompted angry response when it allowed businesses to sponsor keyword search terms consisting of third-party trade marks via its online advertising facility AdWords.

Time to get SaaS-y? - Considering Software as a Service

Thu, 28 Aug 2008 00:00 GMT

A few years ago cloud computing was something the early adopters said was going to be big but hadn't taken off. With the increasing use of Software as a Service, more and more companies are choosing to put their head in the clouds.

BA bosses in price fixing charge

Fri, 08 Aug 2008 00:00 GMT

Four British Airways executives are facing prosecution for their part in a pact to fix fuel surcharges. If convicted, each could face a jail sentence of up to five years.

Data security breaches and the Payment Card Industry Data Security Standard

Fri, 01 Aug 2008 00:00 GMT

The national news has featured many cases of serious data security breaches. In June it was the retail company Cotton Traders Ltd who illustrated the far reaching consequences of inadequate security systems.

Managing sales risk in a credit squeeze

Fri, 01 Aug 2008 00:00 GMT

When times are tough you need to know that you will be paid for the products or services you supply.

Information Commissioner launches his annual report - What your business needs to know

Fri, 01 Aug 2008 00:00 GMT

The IC has just released his annual report for 2008 and his message to businesses is clear: "He intends to be a force to be reckoned with" and "although we may have heard similar messages over the years, this time its worth sitting up and listening."

Must you disclose internal investigations to regulators?

Thu, 31 Jul 2008 00:00 GMT

Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.

House of Lords changes the law on disability-related discrimination

Mon, 14 Jul 2008 00:00 GMT

The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.

Commission leads by example and sues elevator cartel for damages

Tue, 08 Jul 2008 00:00 GMT

The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions.

Resolving a dispute? New rules for asking an expert

Thu, 03 Jul 2008 00:00 GMT

Alternative Dispute Resolution (ADR) is considerably less �alternative' than it was five years ago. The Academy of Experts, the professional body for expert witnesses around the world, has just published new rules for expert determination.

Data protection good practice on transfer of TUPE employee liability information

Tue, 01 Jul 2008 00:00 GMT

Good practice guidance for dealing with data transfers in the context of a business sale or service provision change has been published by the Information Commissioner

Brands' frosty reception for keyword search policy change

Thu, 12 Jun 2008 00:00 GMT

Search engine Google has made a significant policy change to its online advertising facility - AdWords - in the UK and Ireland, allowing open bidding on all keyword search terms, including those protected by trademarks.

Development agreements and the "OJEU" rules - a new case and a pause for breath

Tue, 10 Jun 2008 00:00 GMT

Last Thursday, the European Commission closed an investigation into a development in the German city of Flensburg. This gives us a chance, a year or so on, to look again at how the OJEU rules apply to development agreements.

Treating customers fairly - Unfair commercial practices directive

Mon, 09 Jun 2008 00:00 GMT

The Consumer Protection from Unfair Trading Regulations 2008 primary objective is to harmonise consumer protection law across the EU by clamping down on unfair sales and marketing practices between businesses and consumers.

Planning a new retail IT system

Thu, 01 May 2008 00:00 GMT

According to statistics, 76% of the leading 100 UK retailers have plans to replace at least one of their core IT systems in 2008.

OFT Annual Plan 2008-09

Thu, 10 Apr 2008 00:00 GMT

The OFT has published its Annual Plan which sets out its priorities for the next three years.

Commission launches sector inquiry into pharmaceuticals

Thu, 10 Apr 2008 00:00 GMT

The Commission has launched an inquiry into the pharmaceuticals sector, using its powers under Article 17 of Regulation 1/2003 and conducting inspections at a number of pharmaceutical companies.

Commission imposes fine on E.ON for breach of a seal during an inspection

Thu, 10 Apr 2008 00:00 GMT

In May 2006, as part of an investigation into suspected anti-competitive practices in the German electricity market, the Commission carried out a surprise inspection - or "dawn raid" - of E.ON premises.

OFT offers cartel tip-off rewards

Thu, 10 Apr 2008 00:00 GMT

The OFT has announced that, for a trial period of 18 months, it will offer cash rewards to individuals that blow the whistle on cartels.

Update on latest cartel fines: Belgian removal cartel and synthetic rubber cartel

Thu, 10 Apr 2008 00:00 GMT

The European Commission has continued to take tough action against cartels, imposing large fines on a Belgian removal cartel and a Nitrile Butadiene Rubber (NBR) cartel.

Competition Commission publishes provisional supermarkets remedies report

Fri, 04 Apr 2008 00:00 GMT

In November 2007, we reported on the provisional findings of the Competition Commission (CC) in its groceries enquiry.

The de minimis exception in merger cases

Fri, 11 Jan 2008 00:00 GMT

In November last year, the OFT raised the financial threshold in relation to markets of insufficient importance in merger cases.

CC final report on the Sky/ITV inquiry

Thu, 10 Jan 2008 00:00 GMT

Last May, the Secretary of State for Trade and Industry referred British Sky Broadcasting (Sky's) acquisition of a 17.9 per cent share in ITV plc to the Competition Commission for a full investigation.

OFT recommendations on private actions in competition law

Thu, 10 Jan 2008 00:00 GMT

Last November, the OFT published its recommendations to the government on private actions for competition law damages.

First charges in the UK under the criminal cartel offence

Thu, 10 Jan 2008 00:00 GMT

In June 2007 we reported that the OFT, the European Commission and the US Department of Justice were carrying out an investigation into a marine hose cartel. Marine hose is used for transporting oil between tankers and storage facilities.

Update on the supermarket and dairies OFT investigation

Thu, 10 Jan 2008 00:00 GMT

In September 2007, we reported that the OFT had found evidence suggesting that certain supermarkets and dairies had been engaging in price fixing.

JJB agrees to pay damages for football shirt price-fixing

Thu, 10 Jan 2008 00:00 GMT

JJB Sports has settled the claim brought by Which? on behalf of consumers overcharged by a football shirt price-fixing cartel.

Groceries report: Competition update

Fri, 02 Nov 2007 00:00 GMT

The Competition Commission (CC) produced its provisional findings, on Wednesday 31 October, on the long-running groceries inquiry. This is an "interim" report, and still subject to consultation.