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The International Chamber of Commerce has launched a new version of Incoterms. It comes into effect on 1 January 2011. The rules create uniformity regarding certain key principles with international trade,...
Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal
This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...
Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court
Gold had entered into an agreement with BDW (formerly Barratt Homes) to build some properties on Gold’s land. BDW would pay minimum fee per property and the parties would share revenue. The contract...
Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court
Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...
Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine
Five members of an animal feed cartel have received a hefty €175m fine from the European Commission for breaching Article 101 of the Treaty on the Functioning of the European Union (formerly Article...
Don’t be so casual with use of easy name and up your game, Stelios tells easyJet
Stelios Haji-Ioannou – the founder of easyJet - has told the airline that it must improve its performance if it wants to continue using the ‘easy’ name. Although he was the founder, his family are...
Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court
Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...
All reasonable endeavours obligation seen as less severe than best endeavours – CPC v Qatari Diar, High Court
This case involved a development of Chelsea Barracks. The Prince of Wales stepped in and this led to the relevant planning application being withdrawn. The issue at stake was an agreement between CPC and...