Archive for February, 2011

CAP Code changed to allow data about third parties to be validly collected from children

28 February 2011 | Paul Gershlick

The CAP Code has been changed with immediate effect, so that organisations can collect data from children about third parties. Previously, the CAP Code had had a total ban on the practice. Now, it is permissible...

Tags on this discussion: ad advert advertisement advertisements Advertising Standards Authority ASA CAP code children data data controller data protection act data protection directive Data Provider data subject DPA email emails marketing personal data

European Commission consults on effectiveness of EU e-signature laws

28 February 2011 | Mark Weston

The European Commission has found another subject to mull over. It has announced that it is looking into whether the European Union laws on electronic signatures need an overhaul in order to reverse what...

Tags on this discussion: acceptance agreement B2B B2C business-to-business business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consultation contract cross-border e-signature electronic communications electronic signature electronic signatures EU EU law European Commission European Union offer Online standard terms and conditions supply agreement Terms & conditions web web site web sites Website websites

Divorcing couples must consider mediation

28 February 2011 | Amanda Melton

The Government has announced that all couples involved in contentious divorces will have to participate in mediation before going to court. This new requirement, which has been added to the Family Procedure...

Tags on this discussion: children Divorce domestic violence Family Procedure Rules 2010 Mediation Separation

Cala Homes v The Government: The battle continues…

28 February 2011 | David Marsden

Housebuilder Cala Homes (South) Ltd has been granted permission to appeal its recent High Court defeat in its long-running legal battle against the Government's claim that its intention to abolish the...

Tags on this discussion: CALA Homes developers housebuilders housebuilding Local Council local planning authorities Localism Bill new homes Planning planning applications Planning Inspectorate regional strategies Residential Developer

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

27 February 2011 | Mark Weston

De Beers, the diamond supplier, had entered into a joint sales agreement with the Botswana Government, and to better perform its obligations under that agreement, De Beers wanted a software system that...

Tags on this discussion: breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts damage damages High Court infringement IT contract IT services material breach repudiation repudiatory repudiatory breach Software software developer software development software supplier software supply software system supplier test for repudiatory breach unauthorised unlawful

ASA give important reminder about promotions

26 February 2011 | Mark Weston

The Advertising Standards Authority (ASA) has issued a ruling that serves as a reminder that, once an entry period for a promotion has commenced, the rules for the promotion should not be changed. The...

Tags on this discussion: advert advertisement advertising Advertising Standards Agency Advertising Standards Authority adverts ASA CAP code misleading advert misleading advertisement misleading advertising misleading adverts newspaper promotions promotion promotions

OFT Protects Consumers’ Gold

25 February 2011 | Mark Weston

The Office of Fair Trading (“OFT”) has taken enforcement action following an investigation into the trading practices of five companies that buy gold from consumers by post. Two of the companies under...

Tags on this discussion: B2C business-to-consumer consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumers CPUTR investigation Office of Fair Trading OFT OFT investigation trade trading trading practices unfair terms Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading UTCCR

TUPE and pre-pack administrations: EAT admits it got it wrong…

24 February 2011 | Michael Delaney

The long-awaited EAT decision in OTG Ltd v Barke and ors and four other cases has finally been handed down. The EAT heard five appeals that all looked at the same point: does administration under Schedule...

Tags on this discussion: administration barke employee employer Insolvency liquidation oakland OTG pre-pack Transfer of Undertakings (Protection of Employment) Regulations TUPE wellswood

New Homes Bonus: the final scheme design has been published

24 February 2011 | David Marsden

On 17 February 2011, the Department for Communities and Local Government (DCLG) published its final scheme design of the New Homes Bonus scheme. The publication of the final scheme design follows last November's...

Tags on this discussion: developers final scheme design housebuilders housing new homes bonus scheme Planning

Star Wars in the Supreme Court – Lucasfilm Strike Back…

23 February 2011 | Mark Weston

In a legal dispute dating back to 2004, the Supreme Court will decide in March whether Star Wars creator George Lucas should be successful in his argument with Andrew Ainsworth and his business Shepperton...

Tags on this discussion: copyright copyright infringement Court of Appeal film Film Studio films High Court infringement Intellectual property intellectual property rights IP IP infringement jurisdiction Supreme Court TV TV & Radio unauthorised

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Archive for February, 2011

CAP Code changed to allow data about third parties to be validly collected from children

European Commission consults on effectiveness of EU e-signature laws

Divorcing couples must consider mediation

Cala Homes v The Government: The battle continues…

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

ASA give important reminder about promotions

OFT Protects Consumers’ Gold

TUPE and pre-pack administrations: EAT admits it got it wrong…

New Homes Bonus: the final scheme design has been published

Star Wars in the Supreme Court – Lucasfilm Strike Back…

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