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Website blocking – IP

It has long been accepted that website blocking orders can be made in the UK in copyright infringement cases (CDPA 1998 provides for this). But, the position has been less clear in respect of trade mark infringements.

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Jurisdiction – asymmetric clause

Asymmetric jurisdiction clauses are common in international finance agreements. Such clauses will usually require the borrower to bring proceedings in a specified jurisdiction, while allowing the lender to bring proceedings in any jurisdiction.

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Supplier payment – reporting

 The Reporting on Payment Practice and Performance Regs 2017 will require some UK companies to publish, on a government website, how long they take to pay their suppliers.

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Bankruptcy – HP vehicle

The CA has confirmed that a bankrupt photographer was not able to purchase his car back from the HP company as a ‘tool of the trade’ (s283 IA 1986). This decision confirms the approach currently taken by most trustees – to allow HP companies to take vehicles and sell them (realising the equity in the agreement, or more likely giving rise to an unsecured debt provable in bankruptcy).

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Misrepresentation – exclusion?

Can an online publication from a non-contracting third party be an actionable misrepresentation? The CA has confirmed it can.

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Aircraft – cancellation?

The entitlement to compensation when a flight is cancelled does not apply if the aircraft takes off, but then has to make an unscheduled stop elsewhere. However, if the plane arrives more than three hours late at the final destination there may be an entitlement to compensation for delay. Rodriguez v Air France (CJEU, C-83/10).

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‘Consequential loss’ – financial loss?

Many contracts will exclude liability for ‘consequential loss’. But, does that exclude liability for financial losses caused as a result of physical damage? Usually, the answer will be that it does not, but a recent case shows that the position is not certain (and in particular circumstances it can exclude liability for financial loss).

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‘Close of business’ – meaning?

Many contracts use the phrase ‘close of business’. But, what does that actually mean?

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Contract – intention?

An informal agreement may not show a sufficient intention to establish legal relations. As always, some element of certainty is needed.

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Online auctions – distance selling

The fastest-growing part of the art market is online. Indeed, virtually all the major auction houses now operate online auctions (some are totally online, whereas others merely stream physical auctions). But, the distance selling laws pose major problems for such businesses, giving ‘consumers’ rights that they do not always appreciate they have.

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Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

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