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Lorry makers in price fix enquiry

24 September 2010 | Paul Gershlick

Some leading lorry manufacturers in Europe are at the centre of a cartel investigation. The Office of Fair Trading is leading an enquiry into whether they have fixed prices contrary to the Chapter I Prohibition...

Tags on this discussion: anti-competition anti-competitive Article 101 cartel Chapter I Prohibition commercial commercial agreement Commercial contract commercial contracts commercial law competition Competition Act competition law damages illegal Office of Fair Trading OFT price price fixing unenforceable unlawful void

Judge forced to put finger in the air to work out losses arising out of unauthorised publication of Jimi Hendrix concert – Experience Hendrix v Times Newspapers, High Court

13 August 2010 | Paul Gershlick

Jimi Hendrix – the famous musician – and the other members of The Jimi Hendrix Experience band just wanted to entertain. Little did they know that their last ever UK concert in 1969 would become such...

Tags on this discussion: copyright copyright infringement damages High Court infringement Intellectual property intellectual property rights IP punitive unauthorised

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Alleged file-sharers face crackdown from Ministry of Sound

20 July 2010 | Mark Weston

The Ministry of Sound has sent 2,000 letters out to people who it alleges have unlawfully infringed its copyright by downloading or uploading its tracks without permission. The letters ask for compensation...

Tags on this discussion: copyright copyright infringement damages Digital Economy Act Digital Economy Bill file-sharing illegal infringement Intellectual property intellectual property rights IP loss Online P2P patent patent infringement Patents peer-to-peer trade mark trade mark infringement trade marks unauthorised unlawful web sites

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

25 June 2010 | Mark Weston

Dominion owned the leasehold to a shopping centre and they had an agreement with Debenhams under which Dominion would pay the retailer certain sums of money. Dominion was late in paying the second instalment....

Tags on this discussion: breach breach of contract contract contract law contracts damages High Court remedies repudiation repudiatory breach time time of the essence

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

Tags on this discussion: breach of contract contract contract law contracts Court of Appeal damages implied term unenforceable

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

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

25 March 2010 | Paul Gershlick

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...

Tags on this discussion: account of profits breach breach of contract confidential information confidentiality contract contract law contracts damages fiduciary duty Intellectual property intellectual property rights Mergers and acquisitions tort

Freedom of Speech 1 John Terry 0 – LNS v Persons Unknown, High Court

9 February 2010 | Paul Gershlick

The recent tidal wave of the developing laws of privacy has been halted with the High Court’s recent refusal to continue an injunction stopping the reporting of the indiscretions of a footballer. John...

Tags on this discussion: damages free speech freedom of expression Human Rights Act injunction privacy

Landmark ruling sees developers awarded damages from buyers who reneged on contracts

21 January 2010 | Karin Holt | 1 comment

A court in Bristol has awarded damages of £133,000 to Prestige Homes South West after an investor pulled out of a deal to buy two flats at its Zero 4 development in Plymouth. The unnamed investor...

Tags on this discussion: damages new homes Plot sales Residential Developer

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Latest news and views tagged damages

Lorry makers in price fix enquiry

Judge forced to put finger in the air to work out losses arising out of unauthorised publication of Jimi Hendrix concert – Experience Hendrix v Times Newspapers, High Court

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Alleged file-sharers face crackdown from Ministry of Sound

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

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

Freedom of Speech 1 John Terry 0 – LNS v Persons Unknown, High Court

Landmark ruling sees developers awarded damages from buyers who reneged on contracts

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