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Argos 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 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 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 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 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 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 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 moreMisrepresentations during the selling process
At what point do misleading statements in a selling process become misrepresentations?
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 moreGDPR introduction sees whistle-blower reports on data breaches rise 165%
The number of whistle-blower reports received by the Information Commissioner’s Office (ICO) about potential data breaches at businesses has increased 165% since the introduction of the General Data Protection Regulation (GDPR) in May.
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.
Read moreProjecting into the future of the medical products sector
In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.
Read moreOn the ninth day of Christmas, the High Court gave to me…nine losses mounting
It's rare for cases on damages to reach the Supreme Court, and there was just one in 2018: Morris-Garner v One Step (Support) Ltd (possibly particularly appropriate for a verse normally taken up with possibly aged leaping lords).
Read moreOn the eighth day of Christmas, the High Court gave to me…eight duties owing
To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we, yes, it could.) By way of a round-robin letter on the topic, by and large, 2018 was a good year for.
Read moreHuawei and UK National Security - A new technology cold war?
Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.
Read moreOn the seventh day of Christmas, the High Court gave to me…seven fraudsters fleeing
A Home Office report in July 2018 found that in 2015/16 there were 3.6m incidents of fraud with an immediate cost of £3.04bn and 2m incidents of cybercrime with an immediate cost of £526m. It seems improbable that the number or value of those incidents has declined since then, and certainly fraud of all types has had a busy 12 months in the English courts.
Read moreOn the sixth day of Christmas, the High Court gave to me…six exclusion clauses
Geese, which normally feature in this verse, can pack a nasty bite. In a gaggle of cases this year, exclusion clauses bit claimants hard – but in two cases the claimants successfully fought back.
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