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The essence of any Court case is fair play. Both parties are under an obligation to reveal every relevant document in their possession or under their control at an early stage even if the documents are...
Corporate manslaughter – the first trial continues
The trial of the first UK company and its director to be charged under the 2007 Corporate Manslaughter act has been adjourned for legal arguments (news report).
Cotswold Geotechnical Holdings is accused...
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...
Failure to act quickly enough proved fatal to injunction application to stop trade mark infringement and passing off – Blinkx v Blinkbox, High Court
Since 2004, A had been operating the blinkx.com web site, which was an Internet service providing access to film, television and video content. In 2008, B started up its own site at blinkbox.com, which...
Can you recover costs in the small claims court?
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...
Electronic filing and issue of Court documents
HM Court Service is rolling out its electronic document filing system. It is already up and running in the Commercial Court, TCC and Chancery Division. Bankruptcy and Insolvency will go live in the Spring.
The...
The Sky’s the limit – an IT case affecting any type of goods or services contract
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...
Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court
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...
Applicability of jurisdiction clause by reference needs to be absolutely clear if incorporated by reference to another contract – AEL v Socofi, High Court
This case had complex facts and several parties involved, but the main players were AEL (a liner carrier between Africa and Europe), Socofi (a French fruit importer) and DAM (a fruit grower in Africa)....
Sun comes from the East and West, so M-Tech loses parallel import case – Sun v M-Tech, High Court
M-Tech was a parallel importer of Sun Microsystems’ computer hardware products, meaning it bought products with Sun’s registered trade marks on in one country and re-sold them in the UK at a profit....
Kraft/Cadbury deal prompts calls for reform of takeover laws
Italian prison sentences for Google executives for user-generated material sends shockwaves across the Internet
Need advice on a compromise agreement?
Litigation project management - a new way of estimating costs
Computer games designer’s failure to disclose his previous ideas meant employing company owned them – Burrows v Smith, High Court
Computer games designer’s failure to disclose his previous ideas meant employing company owned them – Burrows v Smith, High Court
"Fit notes" to be launched in April 2010
As an employer, have you the right to defend your property?
Framework to provide greater certainty on tax policy
A good compromise?