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Archive for June, 2010

When does a partnership exist?

30 June 2010 | Emma Cameron

A recent case has considered whether the nature of a father and son’s business relationship constitutes a “partnership”. Background The Partnership Act 1890 defines a partnership as the relationship...

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Anti-spam company ordered to pay US$27,000 in damages for wrongly blacklisting a company

25 June 2010 | Mark Weston

Spamhaus – an anti-spam company – has been ordered by the US District Court for the Northern District of Illinois to pay E360 US$27,000 in damages for wrongly putting E360 on a spam blacklist. The...

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Lastminute.com founder appointed as new UK Digital Champion

25 June 2010 | Paul Gershlick

Martha Lane Fox, one of the co-founders of lastminute.com, has been appointed by the new Government as its UK Digital Champion. Her role will include getting more people online, advising the Government...

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Restricting pensions tax relief for high earners: time for another consultation…

25 June 2010 | Iain Donaldson

Earlier this week, I wrote an article warning that restrictions on pensions tax relief were due to come into effect on 6 April 2011, but that in his forthcoming Budget speech, the Chancellor of the Exchequer...

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Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

25 June 2010 | Mark Weston

Dominion owned the leasehold to a shopping centre and they had an agreement with Debenhams under which Dominion would pay the retailer certain sums of money. Dominion was late in paying the second instalment....

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Undue influence

24 June 2010 | Karen Jacobs | 1 comment

Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...

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Government confirms scrapping of broadband tax in Budget

24 June 2010 | Mark Weston

The Government has confirmed that it will scrap the broadband tax that had been proposed by the previous Labour Government – even before it is introduced.  Labour had proposed charging 50p for every...

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Stamp Duty increase in the Budget – did you spot it?

23 June 2010 | Shimon Shaw

No I'm not talking about the rise to 5% on high end residential property which kicks in next year.  Rather this was a hidden change which will affect commercial property purchasers from 4 January 2011. Pat...

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Material must pass minimum threshold of ‘substantially’ adversely affecting someone’s reputation before it can be defamatory – Thornton v Telegraph Media Group, High Court

22 June 2010 | Mark Weston

Dr Sarah Thornton objected to an article written about her in the Daily Telegraph. It said that her interviewees have the right to approve draft material written about them and change it. Although some...

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Budget 2010 – tough but fair

22 June 2010 | Shimon Shaw | 2 comments

The Chancellor announced that he was going to be tough but fair in the budget today.  Everyone will have their own views on this.  In particular public sector workers, who will feel most hard done...

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