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IP – threats

Businesses and individuals have been given new protection against groundless threats to bring legal action for infringing IP rights (patent, trade mark or design).

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Unquoted shares – valuation

A recent CA decision gives useful guidance on the valuation on unquoted minority shares.

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Trade secrets – employment

These days many small companies prefer to rely upon the law of ‘trade secrets’ rather than go to the expense and complexity of patents and trade marks (unless an item is clearly patentable).  

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EC competition – new joint ventures

The ECJ has held that the creation of a joint venture only requires competition filing and clearance from the EC if it will be a ‘fully functioning’ commercial entity. This is an important change. A JV will only be ‘full function’ if it is a fully functioning market operation (eg it conducts its own commercial policy; it operates independently with its own management running its day-to-day operations; it carries out activities that are more than merely one specific function for the parents of the JV; it is not bound by sales and purchase agreements to its parents).  

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Administration – statutory moratorium

There are three ways in which an insolvency administrator can be appointed: (i) by the court, (ii) by the holder of a qualifying floating charge, or (iii) by the company (or its directors). Note that as between a floating charge and the company, it is the floating charge holder who has priority in making an appointment of an administrator. Accordingly, if a company or its director wants to appoint an administrator they have to give five business days’ written notice of this ‘intention’ to any floating charge holder. That notice of intention then allows the floating charge holder the chance to exercise their right before the company or its directors.

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Debt – winding up

A company’s liquidator can potentially recover any of the company’s property that is transferred after the date on which a winding-up petition is issued. Section 127 IA 1986 makes any disposition of property (eg money) void if it is done after the issue of the winding-up petition.

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Exclusion clause – ‘business common sense’

Ove Arup gave advice on a development site, including advice on asbestos contamination. After purchase, substantial asbestos was found and the developer sued Ove Arup. They, in turn, relied upon an exclusion clause which limited liability for pollution and contamination to £5m. Liability for asbestos was specifically excluded.

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Notice – ‘grounds’

 If you are serving a notice of breach, make sure it complies with the specific requirements of the contract.

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Luxury brands – online sales

Luxury brands do all they can to preserve the exclusiveness of their products. Thus, they try to prevent them being sold online (especially through retailers such as eBay and Amazon). But, to what extent are such policies anti-competitive?

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Trade mark – ‘Special K’

In Australia, Kellogg’s has taken action against wild-boy tennis player Thanasi Kokkinakis who is widely known as ‘Special K’. Since Kokkinakis has started using that nickname in his branding, Kellogg’s says it is merely protecting its registered trade mark.

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Page 5 of 41

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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