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eBay not liable for counterfeit Tiffany products sold in US

20 April 2010 | Paul Gershlick

Tiffany has lost a legal action brought against eBay in which the jewellery shop sought to hold the popular online auction site liable for sales made of counterfeit products through its online platform....

Tags on this discussion: brand brand protection brands counterfeit eBay European Court of Justice High Court Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

20 April 2010 | Mark Weston

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises. In doing so, MGB asked Kall Kwik about the cost of re-fitting, which Kall Kwik advised that it should...

Tags on this discussion: breach of contract contract contract law contracts disclaimer exclusion of liability franchise agreement franchisee Franchising franchisor High Court loss loss of profits negligence tort

Hot Tubbing

19 April 2010 | Justine Ash

“HOT TUBBING” The Jackson Report on litigation costs included some novelties, for example the concept of “hot tubbing”. Hot tubbing or “concurrent evidence”, is a method of giving...

Tags on this discussion: Dispute Resolution Experts High Court Hot tubbing Jackson report Litigation and Dispute Resolution Mediation

The Bribery Act becomes law

13 April 2010 | Tim Constable

The Bribery Act received its Royal Assent on 8 April 2010 and duly became law on that date. This reflects Jack Straw's determination to push the legislation through before the end of this session of Parliament,...

Tags on this discussion: bribery Bribery and Corruption Corruption Dispute Resolution Fraud High Court Litigation

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

8 April 2010 | Mark Weston

Neither a publisher of an article nor the search engine service provider should be liable if selected words taken from the publisher’s article by the search engine result changed the meaning and made...

Tags on this discussion: archive defamation E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive High Court libel search engine search engines summary judgment

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

8 April 2010 | Paul Gershlick

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...

Tags on this discussion: bulletin board common design contract contracts copyright copyright infringement file-sharing films High Court hyperlink illegal Intellectual property intellectual property rights Newzbin online content peer-to-peer Terms & conditions unauthorised unlawful Usenet web site

Compulsory Mediation – the European perspective :

30 March 2010 | Justine Ash

A recent ruling in the European Court of Justice has stated that an Italian court’s imposition of compulsory mediation on parties to litigation did not amount to a breach of Article 6(1) of the Convention...

Tags on this discussion: compusory mediation Dispute Resolution Enforced Mediation European Convention on Human Rights European Court Justice European Mediation Halsey High Court Litigation Mediation Mediation in Europe

Pharmaceutical company not abusing dominant position by refusal to supply drug as refusal was not for anti-competitive reasons – Intecare Direct v Pfizer, High Court

23 March 2010 | Paul Gershlick

Pfizer held a dominant position in the market for the supply of a particular cancer drug called SUTENT in the UK. Pfizer introduced a policy where it had to limit the supply of the drug to customers having...

Tags on this discussion: abuse of dominant position anti-competitive competition Competition Act competition law High Court refusal to supply

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

18 March 2010 | Mark Weston

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...

Tags on this discussion: breach of contract contract contract law contracts entire agreement clause exclusion of liability Fraud fraudulent misrepresentation High Court liability

Bribery Bill – an update

15 March 2010 | Tim Constable

See this link to my longer article on the forthcoming Bribery Act published in Director of Finance online. The Bill has had its second reading in the Commons and goes into its committee stage tomorrow....

Tags on this discussion: corporate Directors Fraud and Corruption High Court Litigation

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Latest news and views tagged High Court

eBay not liable for counterfeit Tiffany products sold in US

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

Hot Tubbing

The Bribery Act becomes law

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

Compulsory Mediation – the European perspective :

Pharmaceutical company not abusing dominant position by refusal to supply drug as refusal was not for anti-competitive reasons – Intecare Direct v Pfizer, High Court

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

Bribery Bill – an update

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