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Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...

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Gledhill v Bentley Designs – commercial agents and the mutual duty of trust and confidence

10 June 2010 | Tim Constable

MAB acted for the successful Defendant in this commercial agency case in which HHJ Simon Brown QC gave judgment last week. A transcript of the judgment can be found on BAILII and the case has been widely...

Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

8 June 2010 | Paul Gershlick

The Court of Appeal has followed a key 2009 decision of the European Court of Justice on comparative advertising because it said it had to do so, but issued some stinging criticism of the ECJ’s ruling....

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Numatic fails to see funny side of imitation as Henry cleans up in vacuum dispute – Numatic v Qualtex, High Court

7 June 2010 | Mark Weston

In what has proved to be a very dirty dispute, Numatic has obtained a ruling from the High Court that Qualtex’s proposed new vacuum cleaner amounted to passing off. The prototype for the product looked...

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Suppliers and customers braced for new competition law block exemption

11 May 2010 | Mark Weston

The European Commission has recently adopted a new exemption from breaching Article 101 of the Treaty on the Functioning of the European Union (previously Article 81 of the EC Treaty). Article 101 prohibits...

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Tax TV

18 February 2010 | Shimon Shaw

In what seems to me to be a slightly odd use of taxpayer's money, HMRC have decided to sponsor a new channel 5 TV show - the Business Inspector. The justification of this is that the programme will...

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Commercial agent still had authority to negotiate even after no longer taking orders and agent’s compensation claim was not time-barred – Claramoda v Zoomphase, High Court…

3 December 2009 | Mark Weston

In this case, the agent represented a clothing supplier when making sales to shops. From 1998, the agent was the supplier’s exclusive agent in the UK and Ireland. The agency terminated between October...

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In dealing with battle of the forms, a traditional contract analysis should apply unless clear evidence to the contrary – Tekdata v Amphenol, Court of Appeal…

3 December 2009 | Paul Gershlick

G was a long-term supplier to Rolls Royce. G bought items from B, which in turn bought components from S. The relationships had been in place for many years. Over the years, G had required B to obtain...

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