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FSA publishes guidance for businesses to avoid unfair contract terms

6 February 2012 | Simon Weinberg

The Financial Services Authority (the FSA - the financial services regulator in the UK) has issued guidance on the Unfair Terms in Consumer Contracts Regulations 1999, which are intended to limit unfair...

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Government announces action against payment card surcharges

27 January 2012 | Simon Weinberg

Following the Office of Fair Trading’s response to a super-complaint by the consumer watchdog “Which?” in relation to payment surcharges in the transport industry, HM Treasury and the Department...

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Proposed Harmonisation of EU Contract Law – an update

10 January 2012 | Justine Ash

Back in October 2011, I wrote about the proposed harmonisation of EU Contract Law – see http://www.mablaw.com/2011/10/proposed-harmonisation-of-eu-contract-law/.  The background to the proposed Common...

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Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

23 December 2011 | Paul Gershlick

A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...

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Importance of exit and transition provisions considered by TCC – Astrazeneca v IBM, Technology and Construction Court

22 December 2011 | Simon Weinberg

Astrazeneca and IBM entered into an outsourcing agreement for IBM to provide various IT services. The agreement contained a number of exit provisions, including an “exit plan” that would allow Astrazeneca...

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European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

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Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

6 December 2011 | Simon Weinberg | 1 comment

Bailey and Williams issued proceedings against Graham (of Dragons’ Den fame under the pseudonym “Levi Roots”) in relation to his creation and marketing of “Reggae Reggae Jerk/BBQ Sauce” for breach...

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Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

30 November 2011 | Paul Gershlick

Foxtons were sole agents for O’Reardon in respect of the sale of a £2.5m property. Foxtons introduced a purchaser. O’Reardon and the purchaser exchanged contracts for the sale, but the purchaser pulled...

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OFT investigates pharma sector patent settlement agreements

25 November 2011 | Paul Gershlick

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine.  Paroxetine is a medicine used in the treatment of disorders such as depression and...

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Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

25 November 2011 | Paul Gershlick

GEG was appointed by Digby as its “sole agent” for the sale of Digby’s property: During the sole agency period, Digby received an introduction for a purchaser through another agent, and Digby sold...

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