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E-disclosure – the new questionnaire gets its first outing

7 March 2010 | Tim Constable

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...

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Corporate manslaughter – the first trial continues

7 March 2010 | Tim Constable

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...

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Failure to act quickly enough proved fatal to injunction application to stop trade mark infringement and passing off – Blinkx v Blinkbox, High Court

11 February 2010 | Paul Gershlick

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...

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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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Electronic filing and issue of Court documents

30 January 2010 | Tim Constable

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...

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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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Applicability of jurisdiction clause by reference needs to be absolutely clear if incorporated by reference to another contract – AEL v Socofi, High Court

7 January 2010 | Mark Weston

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)....

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Sun comes from the East and West, so M-Tech loses parallel import case – Sun v M-Tech, High Court

7 January 2010 | Paul Gershlick

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....

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