Archive for April, 2011

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

28 April 2011 | Paul Gershlick

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive download downloading e-commerce E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal illegal download illegal downloading infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement ISP judicial review music downloads On-line Online online content P2P peer-to-peer unauthorised wash-up

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

New Admiralty and Commercial Courts Guide

26 April 2011 | Justine Ash

April 2011 has seen the publication of the ninth edition of the Admiralty and Commercial Courts Guide (“the Guide”). The Guide advocates the increased use of “docketing” in the Commercial Court,...

Tags on this discussion: admiralty & commercial court guide; docketing; jackson report;management in commerical court

When is a barn not a barn? – Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council

20 April 2011 | Stephen Carew

A local authority is only able to take planning enforcement action if such action is taken within the relevant time limits, otherwise the right is lost. The relevant time periods are: Four years (from...

Tags on this discussion: barns certificates of lawful use change of use deception enforcement houses local authorities planning control planning permission public policy time limits Town and Country Planning Act 1990

Service Charge Warning for Landlords – Daejan Investments Ltd v Benson and others

20 April 2011 | Stephen Carew

The landlord, as the freeholder of a block of flats and shops, gave notice to the leaseholders of the flats of its intention to carry out works amounting to £270,000. The tenants applied to the Leasehold...

Tags on this discussion: Benson consultation Daejan Investments freeholder Landlord landlord and tenant Landlords' duties leaseholder non-compliance prejudice service charges Service Charges (Consultation Requirements) (England) Regulations 2003 tenant tenants' rights

Developers beware of restrictive covenants – George Wimpey Bristol Ltd and Gloucestershire Housing Association Ltd

19 April 2011 | Stephen Carew

Wimpey Homes and Gloucester Housing Association applied to the Lands Tribunal to modify a restrictive covenant under section 84(1)(aa) of the Law of Property Act 1925 (LPA 1925). The covenant stated...

Tags on this discussion: developers development George Wimpey Gloucestershire Housing Association Planning planning permission residential property restrictive covenant

Government launches consultation on REITs

19 April 2011 | Tim Brittain

Following promises made by the Chancellor in his recent Budget Report, the Government has now launched an informal consultation on UK Real Estate Investment Trusts (REITs). In his Budget, the Chancellor...

Tags on this discussion: investors joint venture property finance Real Estate Investment Trusts REIT

ISPs, file-sharing, Europe and obligations to block illegal content

18 April 2011 | Mark Weston

A preliminary ruling has been issued on whether a national court can order an ISP to install a system for filtering and blocking electronic communications to protect intellectual property rights. Advocate...

Tags on this discussion: copyright copyright infringement EU Europe European Union illegal infringement Intellectual property intellectual property rights Internet IP Online unauthorised unlawful

European Court adviser says Belgian Internet service provider does not have to block content that may infringe copyright

15 April 2011 | Paul Gershlick

Scarlet, a Belgian Internet service provider, should not be required to block the content of its website users as a measure to prevent them from infringing copyright in music belonging to Sabam’s music...

Tags on this discussion: CJEU copyright copyright infringement Court of Justice of European Union Court of Justice of the European Union ECJ Europe European Court of Justice European Union file-sharer file-sharing Intellectual property intellectual property law intellectual property rights Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use IP ISP On-line Online online content P2P peer-to-peer web web content web site web site content web sites Website website content websites

Orient and Spurs attempt to stop West Ham’s Olympic move

15 April 2011 | Simon Weinberg

The decision by the Olympic Park Legacy Company to recommend that West Ham be allowed to move into the Olympic Stadium in Stratford after the 2012 Olympics was controversial enough. Now, Tottenham Hotspur...

Tags on this discussion: 2012 Games 2012 Olympic Games EU EU law European Union European Union law football judicial review Olympic Olympic Games Olympic Park Legacy Olympics Premier League Soccer

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Archive for April, 2011

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

New Admiralty and Commercial Courts Guide

When is a barn not a barn? – Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council

Service Charge Warning for Landlords – Daejan Investments Ltd v Benson and others

Developers beware of restrictive covenants – George Wimpey Bristol Ltd and Gloucestershire Housing Association Ltd

Government launches consultation on REITs

ISPs, file-sharing, Europe and obligations to block illegal content

European Court adviser says Belgian Internet service provider does not have to block content that may infringe copyright

Orient and Spurs attempt to stop West Ham’s Olympic move

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