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Ground conditions: An entitlement to additional costs despite accepting risk?
The High Court published a decision late last year which deals with a frequently encountered issue; a claim for additional payment where a sub-contractor encountered adverse ground conditions. The sub-contractor, Clancy Docwra, was engaged by E.ON Energy to excavate trenches in connection with the installation of a district heat network in central London. During the course of the project Clancy Docwra encountered adverse ground conditions (in particular underground brick walls and brick rubble) and the parties were in dispute over what additional entitlement Clancy Docwra had in relation to those works.
Read moreNDAs: Not done with after all?
Non-Disclosure Agreements are currently under significant scrutiny following various public scandals in which they have been used to silence employees who were allegedly subjected to harassment by their employers. In light of this recent controversy, this article explores the current debate surrounding NDAs.
Read moreFunding for disputes – “one step forward”
In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.
Read moreAn excessive demand is still a demand - Barclays Bank plc v Price
A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.
Read moreSnapshots - Winter 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreBan of combustible materials in cladding
One and a half years after Grenfell, the Building (Amendment) Regulations 2018 come into force and restrict the use of combustible materials in buildings.
Read moreAddo - Disclosure against HMRC in tax appeals
In Addo v HMRC [2018] UKFTT 530 (TC), the First-tier Tribunal (FTT) considered the principles governing disclosure in the context of appeals before the FTT. This blog is based on an article which was first published in Tax Journal on 22 November 2018. RPC acted for the taxpayer in this case.
Read moreArgos Limited v Argos Systems Inc [2018]
How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?
Read moreReformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)
How does the court calculate a reasonable licence fee, and what conduct is sufficient for the court to award additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1998?
Read moreWill an entire agreement clause exclude claims for misrepresentation?
Will an entire agreement clause exclude claims for misrepresentation?
Read moreUBS v Rose Capital Ventures Limited and others
Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?
Read moreGovernment announces plans to prohibit certain contractual termination clauses
Which termination clauses will likely be prohibited by any new legislation?
Read moreHow will the Court view 'letters of intent' pending final agreements being concluded?
What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?
Read moreGuarantees and Indemnities and whether liquidated damages clauses amount to unenforceable penalties?
Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?
Read moreFailing to honour a gift promotion – ASA ruling against Superdrug
What happens if you run out of gift stock so you can’t honour a promotion? Put another way, what must you do to ensure promotions are administered fairly?
Read moreConsultation on age and identity verification
What are the new age and identity verification rules that the Gambling Commission proposes to introduce?
Read moreASA announcement on prize winners rule under the GDPR
Are promoters still required to publish the details of prize winners? How does this sit with the GDPR?
Read moreCoco’s revenge – ASA reverses Kellogg’s HFSS decision
Can a brand-generated character known for advertising HFSS products be used to promote a non-HFSS product to children?
Read moreUnder an obligation to repost an article you’ve written? You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet
When should a twitter post promoting a blog be classed as an ad, meaning that it should be clearly labelled as such?
Read moreCAP tips on social media prize promotions
What steps do you need to take to run a compliant prize promotion on social media?
Read more#Ad-vice for influencers and brands
How to comply with CAP’s new Influencer’s Guide?
Read more“By your side” claim not misleading – Lloyds Bank
How do you distinguish between advertising “puffery” and a misleading ad?
Read moreSavings claims not substantiated and significant limitations omitted – Laura Ashley Ltd
How careful do you need to be in substantiating savings claims? And in what circumstances can you extend a promotional closing date?
Read moreCAP issues new guidance on RRP comparisons
Advertisements using comparisons against recommended retail prices (RRP) have long been the norm, but advertisers should be aware that these price comparisons may mislead customers if the RRP differs significantly from the price at which the product or service is generally sold.
Read moreASA issues guidance on HFSS media placement
How can ads avoid falling foul of the CAP Code’s HFSS restrictions?
Read morePlacing HFSS ads too close to schools
How close is too close when advertising an HFSS ad near a school? And what falls under the meaning of school?
Read moreNew CAP Code rules on the use of data for marketing
How have the Committee of Advertising Practice’s (CAP) rules on the use of data for marketing changed as a result of the General Data Protection Regulation (GDPR)?
Read moreThe EU fights “fake news”
What will the EU’s code of practice on disinformation mean for tech companies?
Read moreUnjustified Geoblocking Regulation
Can a business block EU consumers from accessing their website to purchase goods or services?
Read moreMisrepresentations during the selling process
At what point do misleading statements in a selling process become misrepresentations?
Read moreViagogo ordered to provide better information on ticket purchasing
What steps will Viagogo be required to take in order to better protect consumers and what does this mean for the company and its consumers?
Read moreAmended UK consumer regulations in advance of Brexit
What consumer protection provisions are being put in place to prepare for Brexit?
Read more"Google You Owe Us” class action blocked – Richard Lloyd v Google LLC
Do you need to show relevant damage for a claim under the Data Protection Act 1998 (DPA)? Can a class action succeed if the members of the class cannot be readily ascertained or be said to share the same interest? Put another way, what are the restrictions on bringing an action for damages under the DPA?
Read moreVarious Claimants v WM Morrisons Supermarket PLC
Can a business be held vicariously liable for the actions of an employee who deliberately breaches its data protection policies and data protection law?
Read moreFacebook ordered to reveal who requested deletion of deceased’s profile – Sabados v Facebook Ireland
Where a social media company has completed a request from an unknown person to delete a deceased’s profile and refused to tell the deceased’s partner, can a Norwich Pharmacal order be used to disclose the identity?
Read moreSix month imprisonment in first ICO computer misuse act prosecution
Is the Information Commissioner’s Office (ICO) extending the scope and severity of its enforcement powers?
Read moreBupa fined for systemic data protection failures
What if an employee goes rogue with your personal data? Will you be able to show effective oversight measures including monitoring of employee access to databases?
Read moreEquifax fined £500,000 for data breach of 15m UK customers
Had Equifax taken adequate and effective measures to protect customer data?
Read moreIreland’s Data Protection Commission launches investigation into Facebook’s data breach
On 28 September, Facebook disclosed that hackers had stolen keys that allowed them to access up to 50m user accounts with the potential for a further 40m which may have been compromised. The hack allowed the hackers to use the accounts as their own, reading and writing private messages and posts.
Read moreICO Calls for views on GDPR update to Direct Marketing Guide
What should we expect from the ICO’s updated Direct Marketing Guide?
Read moreWhat if there’s no Brexit deal?
Where does a no deal scenario leave our obligations under EU data protection principles?
Read moreWatch out! Internal settlement negotiations may not always remain "internal"
WH Holding Limited (1) West Ham United Football Club Limited (2) v E20 Stadium LLP [2018] EWCA Civ 2652 finds that internal settlement negotiations are not protected by litigation privilege.
Read moreHealth and safety update December 2018
Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.
Read moreOn the twelfth day of Christmas, the High Court gave to me…twelve judges judging
It attracted nothing like the controversy of the US Senate's confirmation of US Supreme Court Justice Kavanaugh. However, the decision of the two selection commissions to recommend, and of the Lord Chancellor to recommend to the Prime Minister, the appointment of Lady Hale to the Presidency of the UK Supreme Court and of Ladies Black and Arden to the Court marked historic firsts in 2018.
Read moreOn the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing
Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.
Read moreWhite Paper on National Security and Investment
In our last blog, published on 11 December 2018, we explained the motivation behind the UK government's white paper on national security and investment. In this blog, we explain more of the detail in those proposals.
Read morePension Transfers – FCA provides an end of year report
As the end of the calendar year approaches the FCA's recent publication indicated that the regulator remains concerned as to the suitability of pension transfer advice. If the FCA's recent review was an end of term school report this would be best summed up as "could do much better".
Read moreVacation Rentals – taxpayer had legitimate expectation that HMRC guidance could be relied on
In R (on the application of Vacation Rentals (UK) Ltd) (formerly The Hoseasons Group Ltd) v HMRC [2018] UKUT 383 (TCC), the Upper Tribunal (UT), has held that HMRC was bound by its published guidance in Business Brief 18/06 (BB18/06) concerning the treatment of payments for card handling services.
Read moreOn the tenth day of Christmas, the High Court gave to me…ten claims a-noticed
Christmas may come but once a year, but 2018 was book-ended by two cases in the Court of Appeal on claim notices in the context of share sale purchases.
Read moreA Signature Move in the Right Direction?
Earlier this year the Law Commission published a Consultation Paper on the use of electronic signatures for the execution of written agreements. Whilst the Law Commission does provisionally conclude that in its view an electronic signature is capable of complying with existing law, it published the Paper in order to seek views on whether the current law inhibits the electronic execution of written contracts, and what concerns stakeholders have regarding the use of electronic signatures.
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