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Decision-making – commercial aims?

Suppose a party has contractual rights; are there any limitations on how those rights can be exercised?

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Directors – residential addresses

Currently, all company directors have to provide a residential address and a service address.

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Cap – limitation of liability

Limitation of liability clauses are often among the most heavily negotiated parts of contracts. They need careful consideration to ensure that the terms are appropriate to the commercial circumstances.
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Contract – interpretation

A reminder of the correct approach when interpreting a contract:

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Commercial agents – software agents

The Commercial Agents Regs give protection to business agents who are involved in the ‘sale or purchase of goods’. But, the Regs do not contain a definition of ‘goods’.
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Exclusion clauses – contra proferentem

Generally, if there is an ambiguity in an exclusion clause, then that ambiguity will be construed against the person who is trying to rely on the exclusion clause (the contra proferentem principle).

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Trade mark – local goodwill

You cannot register a trade mark in the UK if its use is likely to be prevented by a protected unregistered mark (eg via passing off). But, what happens if there is merely local goodwill in that unregistered mark?

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Competition – luxury goods

To what extent can a supplier of luxury goods limit the extent to which those goods are sold on unauthorised sites? For instance, can Coty insist that its authorised re-sellers only sell its goods through those re-sellers’ own online sites (and not on the likes of ebay and Amazon)?

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Copyright – TV format

The High Court has recently held that it is possible for a TV format to be the subject of copyright protection as a dramatic work.

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Bankruptcy – no privilege?

There has been an important decision that seems to restrict the ability of a trustee in bankruptcy to use privileged documents belonging to the bankrupt.

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