Archive for May, 2011

Telegraph’s Cable fishing expedition wrong, says Press Complaints Commission

31 May 2011 | Paul Gershlick

The Daily Telegraph’s fishing expedition in which it sent undercover reporters posing as constituents with a hidden tape recorder to the constituency surgery of Vince Cable was a breach of the Editors’...

Tags on this discussion: camera Coalition Government Editors Code hidden PCC Press Complaints Commission privacy

BT and TalkTalk to appeal Digital Economy Act High Court ruling

31 May 2011 | Mark Weston

BT and TalkTalk, the telecoms firms, recently failed in their bid to have the Digital Economy Act judicially reviewed, which was brought on the grounds that the Act failed to comply with European law....

Tags on this discussion: anti-piracy appeal copyright copyright infringement Digital Economy Act Digital Economy Act 2010 e-commerce EU Europe European Commission European Union file-sharing General Election High Court illegal infringement Intellectual property intellectual property rights Internet Internet service provider Internet service providers IP ISP judicial review Online parliament piracy privacy unauthorised unlawful web site web sites websites

Court responds to Parliament and social networking sites and upholds anonymity order in Premier League footballer super-injunction row – CTB v News Group Newspapers, High Court

30 May 2011 | Mark Weston

The High Court has refused to buckle under the pressure of disclosures made on Twitter and by an MP under Parliamentary privilege and has continued the anonymity order involving the footballer at the centre...

Tags on this discussion: anonymity anonymity order High Court injunction Internet Internet use Internet user On-line Online online content Parliamentary privilege privacy privilege right to privacy social networking social networking site Sport super injunction twitter web web content web postings web site web site content web sites webistes Website website content websites

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

27 May 2011 | Paul Gershlick

Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from outside...

Tags on this discussion: agreement agreements anti-competition Article 101 Article 81 breach breach of competition law breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competi competition Competition Act Competition Act 1998 competition law competition regime competitor contract contracts distribution agreement EC Treaty EU EU law Euro defence Europe European law High Court TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

Breaking news: Cala loses appeal over scrapping of regional planning targets

27 May 2011 | David Marsden

The Court of Appeal has today (27 May) rejected the judicial review appeal by Cala Homes (South) Ltd over the Government’s decision to revoke the Regional Strategies. Cala had claimed that the Government’s...

Tags on this discussion: CALA Homes Commercial Developer Court of Appeal housebuilders housebuilding judicial review Local Council local planning authorities Localism Bill new homes Planning planning applications regional strategies Residential Developer

European Commission consults on standard terms and conditions for cloud computing services

27 May 2011 | Mark Weston

The European Commission is consulting on adopting standard terms and conditions for use of cloud computing services. The consultation is asking people, businesses and public bodies to respond saying whether...

Tags on this discussion: agreement agreements cloud cloud computing commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consultation contract contracts Europe European Commission European Union hosted service IT IT agreement IT services On-line Online standard terms standard terms and conditions standard trading terms Terms & conditions

Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

25 May 2011 | Paul Gershlick

Antal and MMP entered into a franchise agreement for MMP to operate a recruitment agency as one of Antal’s franchisees. One of MMP’s employees had a relationship with one of the candidates whom she...

Tags on this discussion: agreement agreements breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contracts data data controller data protection data protection act data protection directive data subject data theft employ employee Employees employer employeres Employment Employment issues franchise agreement franchisee Franchising franchisor fundamental breach material breach misuse of data personal data renounce renunciation repudiatory breach sensitive personal data serious breach test for repudiatory breach unauthorised

Freezing orders – cross undertaking in damages for third party banks

25 May 2011 | Clare Stothard Comments Off

This case raised an interesting point, of potentially wide application, relevant to all FSA injunctions and of potential relevance to many injunctions sought by other regulators or public enforcement authorities. ...

Tags on this discussion: CPR Freezing orders FSA Third Parties

Can you serve proceedings out of the jurisdiction by alternative means?

25 May 2011 | Karen Jacobs Comments Off

The Claimant applied for permission to serve the Claim Form out of the jurisdiction by alternative means. The First Defendant operates the website www.wordpress.com, the Second Defendant runs the Wikipedia...

Tags on this discussion: alternative method proceedings service

Can a written guarantee be subject to an oral agreement?

25 May 2011 | Clare Stothard Comments Off

The guarantor, Mr Binney, claimed that although he had signed a written guarantee in favour of National Westminster Bank plc (“the Bank”), it was subject to an oral agreement that the guarantee limited...

Tags on this discussion: bank banking banks contract estoppel guarantee oral agreement representation warranty

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Archive for May, 2011

Telegraph’s Cable fishing expedition wrong, says Press Complaints Commission

BT and TalkTalk to appeal Digital Economy Act High Court ruling

Court responds to Parliament and social networking sites and upholds anonymity order in Premier League footballer super-injunction row – CTB v News Group Newspapers, High Court

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

Breaking news: Cala loses appeal over scrapping of regional planning targets

European Commission consults on standard terms and conditions for cloud computing services

Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

Freezing orders – cross undertaking in damages for third party banks

Can you serve proceedings out of the jurisdiction by alternative means?

Can a written guarantee be subject to an oral agreement?

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