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The operators of the Newzbin web site – which provided helpful tools to enable people to share unauthorised content such as films – infringed the copyright owners’ content in providing that service...
Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court
V&P had approached R about a possible acquisition of a company called H&T. V&P and R had entered into a confidentiality agreement about this. In breach of that agreement, R bought H&T without...
UK consumers to retain high level of protection after EU’s plans for fully harmonised consumer laws are dead in the water
For the last couple of years, the European Commission has been seeking to create a totally unified set of consumer laws across the European Union. The aim was to guarantee consumers wherever they were...
Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court
S and D entered into an agreement. Clause 3.1.8 said that if the closing date had not occurred within nine months, then S could terminate the contract by 30 days’ notice, but S would not get back its...
Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court
HB commissioned a third party to provide a report on likely traffic and footfall at a new motorway service station. HB used that report to provide a brochure to attract tenants. The numbers turned out...
Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court
The Supreme Court has ruled that a contract was in force, despite the parties having not signed the relevant document and a clause within the document stating that it only came into force when the parties...
OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable
The Office of Fair Trading is taking legal action against Ashbourne Management Services for AMS’s gym membership contracts that provided no opportunity for members to terminate before a minimum three...
Pink Floyd stops sales of single tracks online
Pink Floyd, the rock band, has won a High Court order to stop its tracks being unbundled and sold as singles. It was seeking to stop the sale of individual tracks such as ‘The Wall’ online, so as to...
Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court
Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...
European Commission proposes the 28th regime as alternative to national laws
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,...