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Directors – residential addresses

Currently, all company directors have to provide a residential address and a service address.

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Cap – limitation of liability

Limitation of liability clauses are often among the most heavily negotiated parts of contracts. They need careful consideration to ensure that the terms are appropriate to the commercial circumstances.
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Contract – interpretation

A reminder of the correct approach when interpreting a contract:

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Commercial agents – software agents

The Commercial Agents Regs give protection to business agents who are involved in the ‘sale or purchase of goods’. But, the Regs do not contain a definition of ‘goods’.
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Exclusion clauses – contra proferentem

Generally, if there is an ambiguity in an exclusion clause, then that ambiguity will be construed against the person who is trying to rely on the exclusion clause (the contra proferentem principle).

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Trade mark – local goodwill

You cannot register a trade mark in the UK if its use is likely to be prevented by a protected unregistered mark (eg via passing off). But, what happens if there is merely local goodwill in that unregistered mark?

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Competition – luxury goods

To what extent can a supplier of luxury goods limit the extent to which those goods are sold on unauthorised sites? For instance, can Coty insist that its authorised re-sellers only sell its goods through those re-sellers’ own online sites (and not on the likes of ebay and Amazon)?

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Copyright – TV format

The High Court has recently held that it is possible for a TV format to be the subject of copyright protection as a dramatic work.

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Bankruptcy – no privilege?

There has been an important decision that seems to restrict the ability of a trustee in bankruptcy to use privileged documents belonging to the bankrupt.

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Signature – electronic

Electronic Communications Act 2000 says that electronic signatures are admissible in evidence; however, it does not go as far as saying that they have the equivalent legal effect as ‘wet-ink’ signatures.

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Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
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If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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