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Trade marks – lack of use

All registered trade marks must be put to genuine commercial use within a defined period from the registration date (usually three or five years). If this has not happened, and there is no good reason to explain the lack of use, the registration becomes vulnerable to non-use cancellation by a third party. Such cancellation can be total or partial, depending on the extent of use.

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Unfair prejudice – no dividend?

’Unfair prejudice’ claims by minority shareholders are notoriously difficult to win. But, a recent case illustrates that the courts are prepared to intervene if necessary.

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Articles – wrongly filed

What happens if the wrong version of a company’s articles is filed at Companies House?

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Insolvency Rules – changes

Insolvency Rules 2016 came into force on 6 April 2017. They apply to all liquidations, CVAs, bankruptcies, debt relief orders, and individual insolvency arrangements – whenever commenced. In large part, it is a consolidation exercise but there are some changes to note:

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Website blocking – IP

It has long been accepted that website blocking orders can be made in the UK in copyright infringement cases (CDPA 1998 provides for this). But, the position has been less clear in respect of trade mark infringements.

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Jurisdiction – asymmetric clause

Asymmetric jurisdiction clauses are common in international finance agreements. Such clauses will usually require the borrower to bring proceedings in a specified jurisdiction, while allowing the lender to bring proceedings in any jurisdiction.

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Supplier payment – reporting

 The Reporting on Payment Practice and Performance Regs 2017 will require some UK companies to publish, on a government website, how long they take to pay their suppliers.

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Bankruptcy – HP vehicle

The CA has confirmed that a bankrupt photographer was not able to purchase his car back from the HP company as a ‘tool of the trade’ (s283 IA 1986). This decision confirms the approach currently taken by most trustees – to allow HP companies to take vehicles and sell them (realising the equity in the agreement, or more likely giving rise to an unsecured debt provable in bankruptcy).

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Misrepresentation – exclusion?

Can an online publication from a non-contracting third party be an actionable misrepresentation? The CA has confirmed it can.

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Aircraft – cancellation?

The entitlement to compensation when a flight is cancelled does not apply if the aircraft takes off, but then has to make an unscheduled stop elsewhere. However, if the plane arrives more than three hours late at the final destination there may be an entitlement to compensation for delay. Rodriguez v Air France (CJEU, C-83/10).

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