118 results
11 Jul 2019 14:55
IP Insight – "Chinese Walls": Claimant Fails to Injunct IP Boutique Acting for OpponentsIP Insight is a series from Virtuoso Legal the Intellectual Property Specialists. This case concerns “Chinese walls” information barriers, and their efficacy in small firms. Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC) (05 July 2019) more...
27 Jun 2019 08:52
FCA to proceed with proposals to remedy perceived customer harms in the Buy Now Pay Later sectorNew rules in force from 12 September and 12 November 2019 BNPL proposals In December 2018, the FCA consulted on a package of remedies relating to Buy Now Pay Later (BNPL) products with an aim to encourage more customers to repay, in full and in part, during the BNPL offer period. The remedies that more...
17 Apr 2019 14:56
Groving PainsMatthew Finn and Harry Smith consider some of the issues arising out of the Court of Appeal’s decision in S&T v Grove Developments. Introduction It is probably an overstatement to describe the Court of Appeal’s judgment in S&T v Grove (“Grove”) as exciting. It does, however, address a number of more...
8 Apr 2019 10:35
CMA launches major funeral market probe citing serious market concernsOn 28 March 2019, the Competition and Markets Authority launched an in-depth market investigation into the UK funeral sector. This will involve a detailed review and scrutiny of the sector and include many of its key players. Following an interim report published in November 2018 and subsequent more...
25 Mar 2019 09:07
High Court rejects attempt to refer question on data exclusivity periods under the Medicines Directive to the ECJIn a judgment released today, Lewis J has rejected an application by Orion Corporation, a pharmaceutical company, to refer to the ECJ questions relating to the starting point of its period of data exclusivity under the Medicines Directive. The Directive gives pharma companies that obtain a marketing more...
21 Mar 2019 16:14
Commercial update - Max Schofield: Claiming VAT input tax on legal services benefitting a taxpayer company and its directorIf legal services are provided to a taxpayer company and to its director, can the company reclaim the input tax? Max Schofield analyses the Court of Appeal decision in Praesto Consulting UK Limited v. HMRC [2019] EWCA Civ 353. Max is a Commercial Law barrister whose practice has a particular more...
20 Mar 2019 10:53
Are you making the right comparison? – Hitachi Zosen Inova AG v John Sisk & Son LtdIn this case Stuart-Smith J gave guidance on assessing whether a dispute was substantially the same as that which had been determined in an earlier adjudication. Background Hitachi was employed to design, construct and commission a multi-fuel powerplant at Ferrybridge in Yorkshire. It engaged Sisk more...
20 Mar 2019 10:35
We are recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
14 Mar 2019 09:33
Deputy District Judge AppointmentsChambers are delighted to congratulate Andrew Worthley (South Eastern Circuit), James Bax, Sarah Evans and David Lidbury (Western Circuit) and Pakeeza Rahman (Midlands Circuit) who have all been appointed by the Lord Chief Justice as Deputy District Judges. Very well done!! more...
Sailing to Byzantium - Blockchain and the Art Market (originally published in Lyon & Turnbull newsletter)
Nothing New under the Sun What has been is what will be, and what has been done is what will be done; there is nothing new under the sun. [Ecclesiastes 1:9] Those words from Ecclesiastes might seem an odd way to start an article on the latest thing in digital connectivity: the new way of building more...
6 Mar 2019 14:33
Wrongful repossession and Azhar: What lenders need to knowWalker Morris’ Banking & Finance specialists Sandip Singh and James Taylor explain why lenders may wish to rely on the recent Azhar v Accord [1] case to combat wrongful repossession claims. What are wrongful repossession claims, and why are lenders concerned? We explained in our recent briefing that more...
6 Mar 2019 09:38
Brexit ferry case settledEurotunnel v Secretary of State for Transport Eurotunnel and the Secretary of State for Transport have today settled Eurotunnel’s challenge to the award by the Government of contracts to DFDS, Brittany Ferries, and Seaborne Freight for the provision of additional freight capacity between the UK and more...
26 Feb 2019 16:05
“Obvious Contracts”The Supreme Court recently handed down a long-awaited judgment in Wells v Devani [2019] UKSC 4. The case was an opportunity for the court to add to the increasing body of authority on the modern interpretation of contracts. It adopts a contextual and common-sense approach to a minimal oral agreement more...
15 Feb 2019 15:08
Court of Appeal upholds Galvanised Steel Tanks Information ExchangeIn a judgment handed down today, the Court of Appeal has dismissed Balmoral Tanks’ appeal against the judgment of the Competition Appeal Tribunal upholding the CMA’s Information Exchange Infringement decision. The infringement occurred at a single meeting in July 2012. At that meeting, Balmoral more...
14 Feb 2019 12:40
We are celebrating and recruitingClick on the link to see our latest announcement in Counsel Magazine! https://www.counselmagazine.co.uk/docs/file-attachments/magdalenchambers_jan2019_hph_web.pdf?sfvrsn=b5f8_3 more...
11 Feb 2019 13:18
Membership Termination, Implied Terms and Natural JusticeThe Dymoke v. Association for Dance Movement Psychotherapy decision 1. How to deal effectively with membership termination is a problem which applies universally to companies; corporations; associations; societies and other bodies. Frequently the express contract terms that govern the relationship more...
6 Feb 2019 15:27
Matthew Slater in Court of Appeal case on brokers' fiduciary dutiesMatthew Slater acted for investment bank Canaccord Genuity in the Court of Appeal case Medsted Associates Limited v Canaccord Genuity Wealth (International) [2019] EWCA Civ 83, an important decision on brokers’ fiduciary duties, with CityWire calling the trial judgment “historic”. Matthew’s practice more...
6 Feb 2019 12:25
Service on a Sovereign State: What, When, How, and Why?General Dynamics United Kingdom Limited v State of Libya[2019] EWHC 64 (Comm) 18 January 2019 Can an arbitration award against a State be enforced by court proceedings in the UK without service on that State of any formal court document? Facts In 2016, an arbitral tribunal made an award against the more...
29 Jan 2019 09:53
When is a Defendant Actually ‘Unable’ to Admit or Deny a Pleaded Allegation?SPI North Ltd v Swiss Post International (UK) Ltd & Anor (Rev 1) [2019] EWCA Civ 7 17 January 2019 The Court of Appeal considers whether there is an obligation to make reasonable enquiries of third parties before defendants plead that they are unable to admit or deny an allegation under Rule 16 of more...
28 Jan 2019 10:40
FCA publishes new findings about high-cost short-term loansThe Financial Conduct Authority (FCA) has published new findings about high-cost short-term loans, as Walker Morris consumer finance expert Jeanette Burgess explains. On 24 January 2019, the FCA published new data on insights and trends in the high-cost short-term credit market, the first time it more...
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