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Parliament and social networking sites take on courts in Premier League footballer super-injunction row

24 May 2011 | Mark Weston

The story has become so common now. Celebrity takes part in questionable extra-marital practices; participant wants to sell their story to the newspapers; celebrity applies for super-injunction that prohibits...

Tags on this discussion: balance ECHR EU Europe European Convention for Human Rights European Convention on Human Rights European Union free speech High Court HRA Human Rights Act injunction Internet Internet use jurisdiction On-line Online online content order parliament privacy privilege public interest publication publish right right to privacy social networking social networking site Sport super injunction tweet twitter web web content web postings web site web site content web sites webistes Website website content websites

Mosley privacy bid sent in a spin by European Court of Human Rights – Mosley v News Group Newspapers, European Court of Human Rights

13 May 2011 | Mark Weston

Max Mosley has failed in his bid to have the law of privacy changed, which he hoped would ensure that newspapers had to warn people before reporting on their private lives. Mosley had taken his bid to...

Tags on this discussion: appeal damages ECHR EU Europe European Convention on Human Rights European Court of Human Rights High Court human rights illegal infringement privacy private unauthorised unlawful

Net continues to close around mosquito product consultant’s use of information in breach of confidence – Vestergaard Frandsen v Bestnet Europe, Court of Appeal

6 May 2011 | Paul Gershlick

Vestergaard developed a mosquito net. Two employees left to set up their own company, Bestnet. Bestnet developed a rival product. Vestergaard engaged Dr Skovmand as a consultant, but he defected to join...

Tags on this discussion: agreement agreements breach breach of confidence Breach of express terms commercal contracts commercial commercial agreement commercial agreements Commercial contract commercial law confidential confidential information confidentiality consultancy consultant contract contracts Court of Appeal express express term express terms High Court implied implied term implied terms injunction Intellectual property intellectual property rights IP trade secret

Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

6 May 2011 | Paul Gershlick

B was an agent for various clothing manufacturers and agreed to be H’s agent. B invoiced for its commission in its own name. Later, B started to invoice in the name of F, another fashion agency. H discovered...

Tags on this discussion: agreement agreements assignment commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts compensation contract contracts Directive EU EU Directive EU law Europe European Union European Union law High Court novate novation rights transfer

Heathrow abused dominant parking position – Purple Parking Limited and Meteor Parking Limited v Heathrow Airport Limited, High Court

6 May 2011 | Simon Weinberg

Purple Parking (PP) and Meteor Parking (MP) brought a claim against Heathrow Airport (HA) alleging that HA had breached the Chapter II Prohibition of the Competition Act 1998 by limiting access to the...

Tags on this discussion: abuse abuse of dominance abuse of dominant position air travel anti-competition anti-competitive Chapter II Prohibition competition Competition Act 1998 competition regime dominant position High Court illegal infringement travel unauthorised unlawful

High Court rules that anonymised data is not exempt from publication even where category involved small number of people – Department of Health v Information Commission, High Court

5 May 2011 | Paul Gershlick

The Department of Health has lost a battle to prevent the disclosure of statistics showing the numbers of annual abortions undertaken under the category of situations where two registered medical practitioners...

Tags on this discussion: data data controller data protection data protection act data protection directive Data Provider data security data subject disclose disclosure DPA exemption exemptions FOIA freedom of information freedom of information act Freedom of Information Act 2000 High Court ICO information Information Commissioner Information Commissioner's Office Information Tribunal request for information sensitive personal data

Children’s privacy rights and protection against bullying key factor in order to prohibit details of love cheat story – ETK v News Group Newspapers, Court of Appeal

4 May 2011 | Mark Weston

The Court of Appeal has overturned a High Court ruling and issued a super-injunction against News Group Newspapers prohibiting its publication of details of an affair between two celebrities who were married...

Tags on this discussion: Court of Appeal European Convention for Human Rights European Convention on Human Rights free speech freedom of expression High Court human rights Human Rights Act injunction privacy right to privacy super injunction

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

28 April 2011 | Paul Gershlick

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive download downloading e-commerce E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal illegal download illegal downloading infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement ISP judicial review music downloads On-line Online online content P2P peer-to-peer unauthorised wash-up

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

Epson issues proceedings to protect patents

15 April 2011 | Simon Weinberg

Epson, the print cartridge manufacturer, has issued proceedings in the High Court against Dynamic Cassette (DC) for alleged infringement of its patents relating to its printer ink cartridges. DC manufactures...

Tags on this discussion: brand branding brands High Court infringement Intellectual property intellectual property law intellectual property rights IP IP infringement patent patent infringement Patents

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Latest news and views tagged High Court

Parliament and social networking sites take on courts in Premier League footballer super-injunction row

Mosley privacy bid sent in a spin by European Court of Human Rights – Mosley v News Group Newspapers, European Court of Human Rights

Net continues to close around mosquito product consultant’s use of information in breach of confidence – Vestergaard Frandsen v Bestnet Europe, Court of Appeal

Transfer of agency agreement needs novation in order for assignee to be able to claim rights under Commercial Agents Regulations – Barnett Fashion v Nigel Hall, High Court

Heathrow abused dominant parking position – Purple Parking Limited and Meteor Parking Limited v Heathrow Airport Limited, High Court

High Court rules that anonymised data is not exempt from publication even where category involved small number of people – Department of Health v Information Commission, High Court

Children’s privacy rights and protection against bullying key factor in order to prohibit details of love cheat story – ETK v News Group Newspapers, Court of Appeal

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

Epson issues proceedings to protect patents

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