Articles & Publications - Latest Additions
Intellectual Property Law - Managing Intellectual Property
Remedies for Infringement of Intellectual Property RightsA broad array of remedies are available for infringement of intellectual property rights, which include damages, injunctions, orders for delivery up and destruction of infringing articles.
Litigation & Disputes - Urgent Action
Preserving Evidence and Assets in English ProceedingsIn cases where a claimant believes that evidence may be destroyed or disposed of by a defendant in legal legal proceedings, interim relief is available to obtain court orders to preserve documentation and data at the very outset of legal proceedings
Litigation & Disputes - Judgment Debts
Business Debt Recovery and CollectionsEnglish Courts permit holders of foreign judgments enforce court orders in England to enable business debt collections and recover business debts
Litigation & Disputes - Court Orders
Court Takes Hard Line on Non-Cooperative DirectorThe court has the power to strike out a case unless the documents ordered by the court are produced. If the party feels the order is not justified they can apply for 'relief' from the order.
Employment Law - Employer/Employee Relations
Can You Justify Your Service-Related Pay Scheme?An employer may need to provide objective justification for the way a service-related criterion as a determinant of pay is used in equal pay claims.
Intellectual Property Law - Choosing Business Names
Registering your Logo – Obtaining Intellectual Property ProtectionTrade mark registration grants owners of logos monopoly rights to use the logo in business
Litigation & Disputes - Enforcement of Judgments
Enforcement of the Undertaking as to DamagesInterim relief may be awarded, but at the risk presented by the undertaking as to damages, which is usually given to the court by the applicant as a condition of the court awarding the relief.
Commercial Law - Managing Liability & Risk
Managing Business Risk and Terms of ContractsBusiness contracts may be used to improve on the general law and the rights of the parties to the contract. In this feature, we discuss management of intellectual property rights and how better rights may be obtained in business contracts.
Litigation & Disputes - Contract Management
Impossibility of Performance – Inconsistent Obligations in Contracts in English Contract LawThere is nothing preventing a contracting party entering into two contracts which are impossible to perform when they are read together. The result may be that the contracting party is in repudiatory breach of one the contracts.
Litigation & Disputes - Court Orders
Inspection, Experiments and Samples of Property before Court LitigationThere are a number of avenues available to intending litigants to procure evidence prior to the commencement of proceedings. Court orders may be obtained to permit the inspection of property, take samples or carry out experiments on property.
Litigation & Disputes - Court Orders
Failures to Comply with Court Orders and Directions - Playing by the RulesCourts have extensive powers of case management to regulate the conduct of legal proceedings. Here, we discuss what may be done to apply for relief against adverse case management orders.
Litigation & Disputes - Court Orders
Freezing OrdersEnglish Courts may make an award of a freezing order in the event that there is a risk of dissipation of assets by a judgment debtor.
Litigation & Disputes - Court Orders
Enforcement of Foreign Judgments in EnglandJudgment in a foreign jurisdiction may be used to recover against the assets of the defendant in England and in Europe. In depth discussion of the step required to enforce a foreign judgment in England.
Intellectual Property Law - Asset Management
Managing Intellectual Property Rights and Contract LawIntellectual property rights are properly managed by commercial contracts, which set out the terms and conditions upon which rights may be used
Commercial Law - Corporate Management
Company Directors’ Liability for Company Cheques and PresentationCompany directors may have personal liability for company cheques in circumstances where cheques are unpaid on presentation
Litigation & Disputes - Court Orders
Rights to Sue and Selecting Defendants to Sue in EnglandTo commence legal proceedings in England, a claimant must identify the proper defendant to the proceedings. In cases involving a foreign defendant, selecting the proper defendant may present difficulty as different countries recognise legal personality in entities not recognised in England.
Company & Corporate Law - Corporate Management
Duties of a Director in the Insolvency of a CompanyDirectors have duties to a company in their stewardship, which continue in the insolvency of a company.
Employment Law - Employer/Employee Relations
Employed Or Self-Employed? The Legal TestWhen is a person self-employed, and when are that employed? A number of tests apply to determine whether a person is self-employed. We discuss some of them here
Commercial Law - Fraud & Deceit
Fraud, Dishonesty and the Tort of DeceitThe tort of deceit, which is used for legal claims involving fraud, is available to claimants wishing to assert that they have suffered damage as a result of reliance on lying and/or dishonest words or conduct
Commercial Law - Contract Management
Variations and Changes to Price in Commercial ContractsPlanning for changes and variations of prices of the course of a long term contract requires flexibility to be built in to a commercial contract.
Litigation & Disputes - Judgment Debts
Recovery of Judgment Debts in EnglandThere are a number of ways and means available to judgment creditors to recover judgment debts after successful legal proceedings.
Litigation & Disputes - Enforcement of Judgments
Enforcement of Foreign Intellectual Property Rights in EnglandIntellectual property rights created in countries other than England may be able to be enforced in England, where infringement takes place within the jurisdiction.
Company & Corporate Law - Corporate Management
Setting Up In Business – Choosing a Trading Style of BusinessBusinesses may be set up in a variety of ways. In this article, we step through the different trading styles for businesses in England.
Commercial Law - Contract Management
Liability for False Statements – Misrepresentation at Law in EnglandA false statement may taint the formation of a contract, giving rise to a right to damages and other remedies in English law.
Litigation & Disputes - Court Orders
Obtaining the Identity of Defendants in English LitigationSimply because a claimant with a good claim cannot identify the actual defendant to sue is not left without recourse. A court has jurisdiction to order persons who have information that may lead to the identification of the defendant to disclose that the information. Accordingly, unidentified defendants? identities may be made the subject of disclosure by a court in England.
Intellectual Property Law - Software Protection
Software ProtectionThis article gives the low-down on protection of software under English law.
Intellectual Property Law - Intellectual Property Rights
Managing Intellectual Property AuditsManagement of a portfolio of intellectual property by an audit requires a commercial eye for the industry within which a company trades and a knowledge of intellectual property rights.
Litigation & Disputes - Managing Liability & Risk
Private International Law - Jurisdiction clauses and Choice of Law ClausesIn resolving disputes, choice of law clauses and jurisdiction clauses may play a key role in determining whether the dispute may be heard in England.
Commercial Law - Contract Management
Substantial, Material and Fundamental Breaches of ContractBusiness contracts may name different thresholds for breach which give rise to a right to terminate in the document. Superior courts have considered the meaning of these different standards, which include 'fundamental breach', 'substantial breach' and 'material breach'. In this article, we consider the meaning of these terms in the context of commercial contracts.
Intellectual Property Law - Intellectual Property Rights
Managing Intellectual Property: the Benefits of Trade Mark LicensingA look at the legal basis upon which licensing trade mark rights may create additional revenue streams.
Intellectual Property Law - Managing Intellectual Property
Employees´ Rights to Compensation for contributions to Patented InventionsWhere the invention is of ′outstanding benefit′ to an employer, the employee becomes entitled to a fair share of the benefit.
Intellectual Property Law - Intellectual Property Rights
Copyright Protection in the UKAn overview of the types of works protected by copyright, and a synopsis of what copyright protects, and what it does not.
Commercial Law - Contract Management
Remedies: Breach of ContractIn this article, we step though the remedies for breach of contract in the UK: damages; specific performance; injunctions; restitution, amongst others
Commercial Law - Contract Management
Bringing a Contract to an End in the UKBreaking up can be hard to do. Commercial contracts sometimes create difficulty in when a party wishes to terminate; this may be avoided with a modicum of foresight and contemplation of what might happen in the event of fallout between the parties at the outset of the contract.
Commercial Law - Contract Management
Termination Clauses and Notice under UK Contract LawTermination provisions of a contract set out the means by which a party may bring a legally binding contract to an end. The Court of Appeal considered whether service of notice of termination led to an automatic termination of the contractual obligations between the parties.
Commercial Law - Contract Management
Difference between Privity of Contract, Novation and Assignment under UK LawIt is important to appreciate limitations of contract law and the principles developed over course of the last hundred years, which are just as applicable today as they were when created.
Intellectual Property Law - Asset Management
Use of Competitors? Trade Marks and Comparative Advertising in the United Kingdom and EuropeOrdinarily use of competitors’ trade marks amounts to a trade mark infringement and/or passing off. However the Trade Marks Act 1994 and European legislations legitimise use of competitors’ trade marks provided that the use takes place in a particular way, and certain tests are satisfied.
Commercial Law - Contract Management
The Law of Mistake in the UKWhere the parties to a contract operated under a mistake when entering into the contract, the contract is voidable, or in certain circumstances, void.
Intellectual Property Law - Brand Protection
Maintaining Registered Trade Mark Rights in the UKOnce registration has been obtained for a trademark, the grant of intellectual property rights is not unconditionally perpetual.
Commercial Law - Managing Liability & Risk
Exclusion Clauses in ContractsExclusion clauses partly seek to exclude or limit their liability under the contract, by expressly stating that liability will not arise in a party or will be limited for a number or all defaults under the agreement on their part.
Employment Law - Employer/Employee Relations
Directors and Employees – When is a Director an Employee of a Company?The Employment Appeals Tribunal has considered whether directors of a company are also employees of the company.
Company & Corporate Law - Corporate Responsibility
Fines, Companies, Company Directors and ProportionalityIn a Court of Appeal decision dealing with occupational health and safety, the Court took into consideration the capacity of the company and the director to pay a fine, and reduced it accordingly.
Intellectual Property Law - IP Ownership
Protecting Goodwill and Reputation of a Business in the UK: The Law of Passing OffPassing off may be used for protection of trade reputation under UK law.
Intellectual Property Law - Intellectual Property Rights
Briefing Note - Copyright Infringement in Images & Photographs and InfringementThe House of Lords decision of Designers Guild clarifies the test for copyright infringement in the UK.
Company & Corporate Law - Corporate Management
Directors’ Duties Under the Companies Act 2006The Companies Act 2007 enumerates specific duties on directors of UK companies to clarify the law imposed on the administration of companies in the United Kingdom
Company & Corporate Law - Buying a Business
Enterprise Investment Scheme Shares and Investment CapitalEnterprise Investment Scheme shares allow tax incentives to entrepreneurs to encourage venture capital funding and relief on capital gains tax.
Company & Corporate Law - Accounting Requirements
UK Shareholders' Rights and Dividend WaiversShareholders in UK companies may elect to waive their right to dividend payments, provided that certain prerequisites are satisfied.
Employment Law - Redundancy
Mandatory Employee Consultations for Collective RedundanciesA recent decision of the Employment Appeals Tribunal requires consultation with employees to consider whether redundancies may be avoided at the time closures are proposed.
Litigation & Disputes - Damages and Compensation
Reducing Damages Awards: Mitigation of Loss in Contractual and Intellectual Property ClaimsLitigants are obliged to take all reasonable steps to mitigate their loss suffered. Those that fail to do so are not entitled to recover the loss, and such sums are reduced from the damages payable the defendant. The principle applies regardless of the nature of the claim, including breach of contract and intellectual property rights claims.
Company & Corporate Law - Fraud & Deceit
Fraudulent Misrepresentation and Recovery of Damage: Corporate and Investment FraudThe measure of damages for fraud is higher than other areas of law. The measure contrasts with the law of negligence and contract law.
Litigation & Disputes - Asset Management
Phoenix Companies, Insolvency Law and Recovery by CreditorsIn certain circumstances, creditors may recover from Phoenix companies, including where management is the same and the phoenix company has not been administered in accordance with the Companies Act and Insolvency Act.
Intellectual Property Law - Infringement
Awards of Compensation for Intellectual Property Infringement: Damages in Copyright CasesThe rise and rise of intellectual property rights has seen the rise of claims by business dealing in photographs, software and films and music making claims against small and medium sized enterprises for copyright infringement. There is no innocence defence available infringing business; the issue quickly becomes one of the sum of compensation – or damage - that is to be paid.
Employment Law - Employer/Employee Relations
Defective Compromise Agreements & Employment LawCompromise agreements must comply with the provisions of the Employment Rights Act to properly protect employers from new claims being brought at a later date.
Litigation & Disputes - Unfair Dismissal
Employee Fraud - What to Watch Out ForFraud from within company is difficult to detect and must be dealt with appropriately to avoid adverse claims by employees.
Commercial Law - Contract Management
Commencing Performance of a Contract prior to Concluding Contract TermsCompanies are frequent caught out by providing services prior to finalising contractual terms. In cases such as these, a court has regard for the contract - which is the legally binding agreement - when disputes arise the contract has been entered into.
Employment Law - Discrimination
Employment Appeal Tribunal Rules on Religious Discrimination ClaimDiscrimination claims by employees can be close run cases. It is important to respect the religious beliefs and customs of employees in disciplinary matters.
Litigation & Disputes - Contract Management
Agreeing Contracts and Avoiding Legal AmbiguityCommercial contracts are serious documents and require an assessment of risk prior to deciding whether it is worthwhile avoiding taking legal advice.
Intellectual Property Law - Intellectual Property Rights
Blimey - Was FCUK Lawful?An analysis of the reasoning in reaching the decision that FCUK was lawful in the United Kingdom.
Employment Law - General
Controlled Access to UK Labour Market for New Accession CountriesQuota systems apply to some immigrant workers in the United Kingdom
Company & Corporate Law - Setting up in Business
New Corporate Options for CharitiesThe Charities Act 2006 establishes new ways for charities to incorporate themselves. The Charity Commission also has the power to suspend or remove trustees.
Employment Law - Restraints of Trade
Enforcement of Restraint of Trade Clauses - Agency Fails to EnforceRestraints of trade are enforceable unless they are reasonable and only go so far as to protect the legitimate interests of the business seeking protection.
Intellectual Property Law - Designs Protection
Typefaces, Fonts and Characters - Intellectual Property Protection in the United KingdomElectronic fonts and typefaces may be protected by copyright law in the United Kingdom. Industrially applied typefaces may be protected as registered designs
Litigation & Disputes - Judgment Debts
Recovering Legal Fees and Court Costs from Third Parties in LitigationThis article discusses the prospect of recovering legal fees from persons who are not parties to the legal proceedings.
Commercial Law - Setting up in Business
Liability of Salaried Partners in PartnershipsSalaried partners may be liable for the debts of the partnership in certain circumstances, says the Court of Appeal
Litigation & Disputes - Contract Management
Architects and Defective DrawingsA builder may be negligent when they ought to recognise defects in architects' drawings.
Commercial Law - Information Theft
Protecting Intellectual Property - Preparing for Competition from Employees and ConsultantsLegal measures may be put in place to maximise the prospects of success against information theft and industrial espionage by ex-employees and consultants.
Commercial Law - Information Theft
Part II – Information Protected During the course of EmploymentInformation may be protected as trade secrets, which prevents an employee or freelancer from using the information after their engagement has ended.
Commercial Law - Restraints of Trade
Part III – Post-Contractual Restrictions - Restrictive CovenantsProperly drafted restrictive covenants create a legal means to prevent employees and freelancers from competing against their former employer for a limited period.
Commercial Law - Industrial Espionage
Part IV – Intellectual Property Rights & Post Employment or Contractual RelationshipsLegal proceedings including passing off, misuse of confidential information and trade secrets, conversion and detinue, and copyright infringement may be available to protect against use of information where the factual matrix fits the cause of action.
Commercial Law - Information Theft
Part V – Intellectual Property Rights and Employee Competition - ConclusionThe conclusion to our five part series on competition from ex-employees and ex-consultants against former employers
Commercial Law - IP Ownership
Part VI – Protecting Confidential Information & Trade Secrets - Suggestions to Improve Prospects of SuccessSuggestions and tips to increase the likelihood that a court will enforce protection of confidential information and trade secrets.
Employment Law - Redundancy
Contractual Redundancy Terms Create Unexpected LiabilityThe timing of redundancy payments may be important to tax liabilities
Employment Law - Employee Tax
Employment Status and Tax PaymentsEmployers are not entitled to an setoff where the employee is under a misunderstanding of their tax obligations
Employment Law - Age Discrimination
Retirement Age and Discrimination - A Check List for EmployersA checklist of compliance with the Employment Equality (Age) Regulations, which came into force on 1 October 2006
Employment Law - Monitoring at Work
Sleeping on the Job and Employment Payment ClaimsIn this case, an employee who was required to be at work as a night watchman was entitled to be paid for sleeping whilst in the course of his employment.
Company & Corporate Law - Company Constitution
Directors Loans and Duties to UK CompaniesIn this article we review a decision whereby a director was found liable for director's loan, although he had no subjective intention in authorising the loans.
Commercial Law - Asset Management
Disposing of Waste Electrical and Electronic EquipmentDisposal of waste material is set to become a regulated activity, requiring manufacturers to produce electrical equipment responsibly.
Land & Property Law - Commercial Tenancies
Abuses of Process and Commercial LitigationParties to commercial litigation should be aware that they have one chance to argue points of law in litigation, and concessions in earlier litigation prevent them from raising the point in subsequent litigation.
Litigation & Disputes - Setting up in Business
Partnership Law & Misleading Statements – Court Enforced Duties of Good FaithIn business relationships that involve a relationship of the utmost good faith such as partnerships, partners should be aware of their duties to avoid that disputes and consequent litigation.
Commercial Law - Contract Management
Commercial Contracts and Economic DuressDuress may be claimed commercial enterprises that are victims of illegitimate threats and unfair pressure that affect economic interests.
Commercial Law - Contract Management
Terms of Contract and Penalty Clauses in English LawContract terms requiring a person in breach of contract to pay a sum of money may be a penalty clause or a liquidated damages clause. Several tests and presumptions have been developed over time that allow some clarify in making an assessment as to whether a contract term will be a penalty.
Commercial Law - Contract Management
Briefing Note - Legal Binding Agreements and Verbal ContractsThe terms of legally binding agreements may be in writing or formed by verbal statements or conduct of the parties. The article examines some of the legal requirements of binding agreements and the difficulties with verbal contracts.
Intellectual Property Law - Designs Protection
Briefing Note - Overview of Community Designs ProtectionA synopsis of registered design rights and the scope of protection within the UK and Europe
Intellectual Property Law - IP Ownership
Briefing Note - Ownership and Incidents of Ownership of DesignsThe law determining the ownership of designs is similar to the law of copyright. The designer is the first owner of the design unless they are employed.
Intellectual Property Law - Designs Protection
Briefing note - Registered Designs, Excluded Subject Matter and InfringementA short summary of the subject matter of designs not able to be registered as designs under the Designs Act UK, when design rights are lost and rights to claim infringement of a design.
Intellectual Property Law - Business Secrets
Whistleblowers and Disclosure of Confidential InformationThe public interest defence is available to whistleblowers for protection where the public interest outweighs the interest of the person wanting to maintain the confidentiality of the information.
Intellectual Property Law - Managing Intellectual Property
Briefing Note: Contracts for Packaged Software Licences Agreements and ChecklistsOur IT lawyers consider some of the key issues in packaged software licence agreements, and some general issues in software licences - software that has not been built to the specification of any customer.
Intellectual Property Law - Managing Intellectual Property
Patent Law - Methods Already Employed in Practice Cannot Be Inventive StepsThe Privy Council make a ruling on the meaning of obviousness in under the Patents Act and the meaning of inventive step.
Litigation & Disputes - Managing Liability & Risk
Briefing Note: Third Parties and Adverse Costs OrdersWhen third parties fund litigation, there is a significant risk that in the event of losing the fight that they will be ordered to pay the legal costs.
Company & Corporate Law - Company Constitution
Limited Liability PartnershipsAn examination of Limited Liability Partnerships as a legal entity from which to conduct business.
Intellectual Property Law - Intellectual Property Rights
Prior Patent Valid In Spite of ErrorA consideration the House of Lords ruling that a mistake in a Patent Application does not necessarily prevent an inventor from securing their intellectual property rights.
Company & Corporate Law - Company Constitution
Partnership Assets – Decision OverturnedAn examination of the division of partnership assets on the dissolution of the Partnership Act 1890.
Commercial Law - Data Protection & Privacy
Data Protection Case – Leave to Appeal RefusedA consideration of what amounts to personal data under the Data Protection Act 1998.
Employment Law - TUPE
Transfer of Undertakings (Protection of Employment) Regulations 2006An analysis of the effect the TUPE Regulations 2006 will have on buying and selling businesses.
Employment Law - Discrimination
Age and Sex Equality – House of Lords RulingThe House of Lord's decision in sex discrimination and unfair dismissal availability for over 65's.
Employment Law - TUPE
Retirement Age and TUPEA discussion relating to unfair dismissal in relation to retirement age and the TUPE Regulations applicable to buyers of a business.
Company & Corporate Law - Managing Liability & Risk
Company Directors' Duties ExpandedA explanation of the extension of directors' duties under the new company legislation due to come into force in 2007.
Litigation & Disputes - Contract Management
Briefing Note - Use of Defined Terms in Commercial ContractsCIP contracts rely on the meaning of the terms given to them by the parties and a 'battle of the forms' ensued in this case for an unanticipated result. COnfusion as to contractual terms should be avoided at all costs.
Litigation & Disputes - Contract Management
Limitations of Liability - Software Licence Agreements and Software Development Contracts - Part 10In this tenth part of the series, our lawyers consider limitations of liability and how they might be applied in software development agreements.
Commercial Law - Contract Management
Checklist for Software Licence Agreements - Software Licence Agreements and Software Development ContractsThis article contains a basic checklist of clauses that may be included in software licence agreements.
Intellectual Property Law - Licensing
Software License and Development Contracts - Part 1In this first article in the series, we consider the fundamental differences between software licence agreements and software development contracts.
Intellectual Property Law - Contract Management
Terms of Licence - Software Licence and Development Agreements - Part 2In this second in the series, our software solicitors consider the flexibility of intellectual property rights & copyright licensing.
Intellectual Property Law - Intellectual Property Rights
IPR Indemnities - Software Licenses - Part 3In this third article in the series, our solicitors consider IPR indemnities in the context of software licences.
Intellectual Property Law - Contract Management
Payment for Licences - Software License Agreements - Part 4In this fourth in the series on software licensing, we consider some options for payment of licences in software development contracts & agreements.
Intellectual Property Law - Contract Management
Improvements and Upgrades - Software License Agreements - Part 5In this fifth part of the series, we consider contract terms catering for improvements and upgrades to licensed software.
Commercial Law - Contract Management
Acceptance Testing - Software Licence Agreements and Software Development Contracts - Part 6In this sixth part of a series on software licensing, our solicitors consider factory acceptance testing and user acceptance testing as part of the software development lifecycle.
Intellectual Property Law - Outsourcing & Procurement
User Documentation & Escrow Agreements – Software Licence Agreements and Software Development Contracts - Part 7In this article we consider the options for escrow agreement, and when they are appropriate in software development agreement and user documentation requirements.
Commercial Law - Contract Management
Liquidated Damages and Penalty Clauses - Software Licence Agreements and Software Development Contracts - Part 8In this eighth part of a series, we consider penalty clauses which may unenforceable at law in software development contracts and agreements. The purpose of such contract clauses is to avoid the need for a judge to quantify the actual damage caused by the person in breach.
Commercial Law - Contract Management
Termination and its Consequences - Software Licence Agreements and Software Development Contracts - Part 9In this the ninth in the series, our solicitors consider termination clauses and the consequences of termination in software development contracts and agreements.
Company & Corporate Law - Managing Liability & Risk
Directors' Liabilities under the Companies Act UKIn most circumstances, companies and its directors and shareholders are considered separate legal entities, with profound consequences on liabilities of directors for the acts of a company.
Litigation & Disputes - Managing Liability & Risk
White Hat Hacking and Computer Software SecurityA consideration of the commercial risks and security issues arising from White Hat hacking, otherwise known as ethical hacking in the context of computer security and the role of software.
Commercial Law - Contract Management
Briefing Note - Infiltration of Viruses and Insurance ContractsA brief consideration of the coverage of insurance contracts over data loss and corruption and the implications of failing to ensure the insurance contracts are adequate.
Commercial Law - Taxation
Briefing Note - VAT Registration and Recovery of VATRegistration for VAT can only be refused in limited circumstances by Customs & Excise. One of these is where economic activity is not taking place.
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