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Website injunctions – costs

A website-blocking order is typically made against an ‘innocent’ ISP, requiring it to block a counterfeit website.

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GDPR – consent

GDPR does not fundamentally change the situation set out in DPA 1998 as regards personal data processing (including marketing).

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Sole survivor – joint attorneys

The LR has clarified that a transfer executed by joint attorneys on behalf of a sole surviving proprietor will not satisfy a Form A restriction.

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Confidentiality – ‘disclosure’ and ‘use’

A properly drafted confidentiality clause should cover both ‘disclosure’ of the confidential information, and its ‘use’.

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Decision-making – commercial aims?

Suppose a party has contractual rights; are there any limitations on how those rights can be exercised?

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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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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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