Latest by David Cran
Snapshots Autumn 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreHigh Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence
Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)
Read moreSupreme Court confirms (and confines the scope of) the doctrine of economic duress
Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC
Read moreSupreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC
Read moreNon-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses
Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32
Read moreCourt of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk
Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149
Read moreThe Supreme Court hands down judgment in Lloyd v Google
In a keenly anticipated judgment that has significant ramifications for UK data protection, the Supreme Court has today overturned the Court of Appeal's decision in Lloyd v Google and restored the original order made by the High Court, refusing the claimant's application for permission to serve proceedings on Google outside the jurisdiction.
Read moreCourt of Appeal holds that notice of tax covenant claim is valid, despite lack of detail
Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638
Read moreCourts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims
MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)
Read moreHigh Court denies applicability of an exclusion clause due to convoluted terms and conditions
Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)
Read moreTerms implied into a break right limited the capability to exercise the right
Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)
Read moreHigh Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test
Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)
Read moreStandard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach
Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)
Read moreThe Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)
Read moreCommercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters
Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)
Read morePenalty clause regarding IP rights harsh but not unenforceable
Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)
Read more"Change in law" provisions: COVID-19 and leisure facilities
Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreHold your horses: Raceday data dispute likely to head to Supreme Court
In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.
Read moreSnapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreCopyright: Online platform operators’ liability for users illegally uploading copyright material
C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion
Read moreContractual interpretation: the dangers of inconsistency between formulae and worked examples
Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)
Read moreGood faith: relational contracts and the implied duty of good faith
Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)
Read moreRestrictive covenants: restraint of trade and bespoke contracts
Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)
Read moreContractual interpretation rectification not possible purely for a tax benefit
MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)
Read moreReturn of the MAC (clauses): renegotiating or exiting your supply chain contracts
As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.
Read moreCOVID-19 - The official guidance on remote hearings; early engagement is key to success
COVID-19. The courts are trying to conduct "business as usual" as much as possible in this challenging climate. The latest official guidance, published on Friday, covers remote hearings in all Civil Courts in England & Wales; it relates to all types of hearings – applications, trials and appeals.
Read moreCOVID-19: Impact on court hearings and successful virtual mediations
As anticipated, the Courts are now moving to a (mainly) remote working basis.
Read moreBenefiting from the Contracts (Rights of Third Parties) Act
Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?
Read moreBMW Rides to Victory
BMW, the well-known manufacturer of cars, motorcycles and engines, secured summary judgment in respect of its claim for trade mark infringement and passing off arising out of the registration of a UK company under the BMW name.
Read moreNew trade secrets law to drive breach of confidence claims
This article explores what changes might need to be made to the existing protections given to trade secrets and in particular, the impact this might have in the insurance market.
Read moreSpare parts and intellectual property: the distinction between "informative use" and "misleading use"
The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.
Read moreCourt of Appeal confirms criminal offences cover the sale of "grey" goods
The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).
Read moreConfidential information "oiled" progress of new product development
When is information confidential? A recent case gave cause for the English High Court to clarify.
Read more15% increase in counterfeit goods seized in 2015
According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.
Read moreISPs' appeal is "blocked"
In a judgment handed down today, the Court of Appeal, led by Lord Justice Kitchin, has overwhelmingly rejected the appeal by the five largest ISPs and upheld the High Court decision to grant Richemont a blocking order requiring those ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read moreMove to unified European regime as trade secrets directive adopted by EU Parliament
Earlier this month, on 14 April 2016, the draft European Directive on the protection of trade secrets against their unlawful acquisition, use and disclosure was passed by the European Parliament (EP) at a first reading.
Read morePirates and popcorn: rise of site-blocking injunctions in EU
Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.
Read moreComic Enterprises feel gleeful after CofA upholds trade mark infringement
This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.
Read moreTerraLex Cross-Border Copyright Guide 2016
We are delighted to present our Cross-Border Copyright Guide 2016.
Read moreAsos Supreme- what will a change in the law mean?
Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.
Read moreUK goodwill still reigns Supreme
The question to the Supreme Court was whether a claimant in a passing off action needs to have actual customers in the UK or whether it is sufficient to demonstrate that it has a reputation in the UK and internationally.
Read moreAs seen at CofA – split decision on 'own name' in Assos v Asos
The Court of Appeal has held that use of the ASOS brand by the well-known online clothing retailer, Asos, created a likelihood of confusion with and damaged the distinctive character of the earlier ASSOS Community Trade Marks owned by Assos, the specialist cycle clothing retailer, but Asos could nonetheless rely on the 'own name' defence to avoid trade mark infringement.
Read moreSupreme Court clarifies the limits on contractual discretion
A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.
Read moreAn Enterprising look at survey evidence
True to form, Mr. Justice Arnold's recent judgment in Enterprise Holdings Inc v. (1) Europcar Group UK Limited (2) Europcar International SASU [2015] EWHC 17(Ch) runs to an extensive 227 paragraphs.
Read moreIP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off
The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreA landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights
The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read more