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Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

6 May 2011 | Paul Gershlick

B was an agent for various clothing manufacturers and agreed to be H’s agent. B invoiced for its commission in its own name. Later, B started to invoice in the name of F, another fashion agency. H discovered...

Tags on this discussion: agreement agreements assignment commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts compensation contract contracts Directive EU EU Directive EU law Europe European Union European Union law High Court novate novation rights transfer

Commercial property landlord and tenant disputes on the rise

10 March 2011 | Laura Seaman | 1 comment

New research by legal publisher Sweet & Maxwell has found that the number of High Court legal disputes between commercial property landlords and tenants has surged by 43 per cent. Although most...

Tags on this discussion: assignment break clause Commercial Property Landlord landlord and tenant lease Litigation rent review repairs service charge subletting Sweet & Maxwell tenant

Tenant’s Guarantor Guaranteeing Assignee’s Obligations

12 January 2011 | Stephen Carew

In K/S Victoria Street v House of Fraser (Stores Management) Ltd (2010) PLSCS 278, the High Court has recently held that an agreement that required the tenant's guarantor to guarantee the assignee's obligations,...

Tags on this discussion: Alienation assignment Business tenancies Good Harvest House of Fraser Intra-group transfers K/S Victoria Street Landlord Leases Restrictions tenant

Free IP from Glasgow University

1 December 2010 | Simon Weinberg

The University of Glasgow is to offer the intellectual property (IP) in patents developed within the University free for use in the commercial world, under a scheme called ‘Easy Access IP’. The move...

Tags on this discussion: assignment commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Intellectual property intellectual property rights Internet IP Online patent Patents university

Students losing copyright in their own work

26 November 2010 | Mark Weston

Students at UK universities are being forced to assign copyright in their work to an intermediary that checks for plagiarism. A number of universities subscribe to Turnitin, a plagiarism detector, to check...

Tags on this discussion: assignment breach of contract contract contract law contracts copyright copyright infringement infringement Intellectual property intellectual property rights Internet IP Online plagiarism student university web web site web sites Website websites

Automatic reversion of copyright upon material breach acceptable – Crosstown v Rive Droite Music, Court of Appeal

17 November 2010 | Mark Weston

Two songwriters had assigned their copyright to RDM, which had in turn assigned its copyright to C. The assignment to RDM was of the copyright in the songs in the UK and only for 25 years, after which...

Tags on this discussion: agreement agreements assignment automatic reverter breach breach of contract CDPA commercial agreement commercial agreements Commercial contract commercial contracts contract contracts copyright Court of Appeal High Court Intellectual property intellectual property rights invalid IP licence material breach music valid validity

It’s not personal…

29 July 2010 | Samantha Lloyd

An indemnity given by a financial advisor was not personal and therefore could be enforced by an assignee said the Court of Appeal in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161. Berkeley...

Tags on this discussion: asset purchase agreement assignment contract contracts corporate Court of Appeal indemnity Shaw v Lighthousexpress Ltd

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

11 June 2010 | Paul Gershlick

T agreed to indemnify M in a contract in relation to some particular litigation that may be brought against M. The agreement said that the indemnity would automatically end if M suffered any insolvency...

Tags on this discussion: administration anti-deprivation anti-deprivation principle anti-deprivation rule asset assignment breach creditors High Court indemnify indemnity Insolvency unenforceable

Software case highlights need to deal expressly with copyright ownership in contract if commissioner wants to own it – ICEL v Virrage, High Court

15 December 2009 | Mark Weston

ICEL and Virrage entered into an agreement regarding the development of infection control software for hospitals. One of Virrage’s directors had also been a director with LIS, a company that had not...

Tags on this discussion: assignment commission copyright infringement Software Virrage

Latest news and views tagged assignment

Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

Commercial property landlord and tenant disputes on the rise

Tenant’s Guarantor Guaranteeing Assignee’s Obligations

Free IP from Glasgow University

Students losing copyright in their own work

Automatic reversion of copyright upon material breach acceptable – Crosstown v Rive Droite Music, Court of Appeal

It’s not personal…

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

Software case highlights need to deal expressly with copyright ownership in contract if commissioner wants to own it – ICEL v Virrage, High Court

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