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European Commission proposes the 28th regime as alternative to national laws

4 March 2010 | Paul Gershlick

The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...

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European Commission wants to push ahead with Consumer Rights Directive

4 March 2010 | Paul Gershlick

The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...

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Conservatives to come down tough on irresponsible marketing to children

19 February 2010 | Mark Weston

The Conservatives would introduce a new law that would severely hamper any business that markets irresponsibly to children, if they win the General Election to be held this year. Conservative leader, David...

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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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Can you recover costs in the small claims court?

2 February 2010 | Steven Mills

When a claim is allocated to the small claim usually the successful party is unable to recover the costs.  In this case the Judge held that the successful defendant could recover their costs.  The...

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The Sky’s the limit – an IT case affecting any type of goods or services contract

27 January 2010 | Mark Weston

After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS. On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...

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Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court

27 January 2010 | Paul Gershlick

It is official: the economic downturn is not a justification under most force majeure clauses for getting out of an unprofitable contract. That was the ruling of the High Court in this case. Here, D had...

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Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

27 January 2010 | Paul Gershlick

Sky has won a long-awaited landmark case against EDS that is bound to have massive implications - not just for all IT contracts, but also for any business that has sales-people that push the boundaries...

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Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

12 January 2010 | Paul Gershlick

Brush hired a crane from MacSalvors using the Construction Plant Hire Association’s Model Conditions for Plant Hire. Along with the crane, Mr Thomas Jose, the crane operator, was also provided for hire....

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