Alerts
Alerts archive 2009

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Springtime comes to German merger filings...

Recent changes to German competition law have heralded in Spring for corporate and antitrust lawyers engaged in multi-jurisdictional mergers.

Local authority's duty to house a homeless minor

The Court of Appeal's decision in the case Alexander-David -v- London Borough of Hammersmith and Fulham (2009) EWCA Civ 259, provides local housing authorities (LHA) with practical and approved suggestions on its duty to house a homeless minor.

Software patents in Europe

Alison Brimelow, President of the European Patent Office (EPO), has entered the fray on the vexed subject of the patentability of software and has referred various questions to the Enlarged Board of Appeal.

IP in the UK budget

A first glance through the Budget - and the 222 pages of notes produced by the Treasury - didn't look promising.

Poor Phorm - the UK Government in legal hot water

The European Commission has launched proceedings against the UK Government for alleged infringement of data privacy laws in connection with Phorm, the controversial advertising platform.

The high street fights back - eBay censured by ASA

The Advertising Standards Authority (ASA) has banned a poster advert for eBay which claimed that the online retailer was "25% cheaper than the high street on brand new items."

Government unveils new trade credit insurance scheme

A £5 billion initiative, unveiled as part of Wednesday's Budget, will enable companies which have had their trade credit insurance cover reduced by traditional providers to purchase 'top-up' credit insurance from the Government.

Banking update: report and review on recent cases and issues

Unenforceable terms in existing consumer contracts, guarantee or indemnity, stay upheld in bank charges case and assignment of judgment debts.

Corporate manslaughter

The first prosecution under the Corporate Manslaughter and Homicide Act 2007 has sent a strong message to organisations, fail to provide a safe working environment and end up charged.

European Court gives boost to selective distribution strategies for luxury trade mark owners

The European Court of Justice (ECJ) has provided guidance, which strengthens the ability of luxury trade mark owners to maintain and enforce a selective distribution network for branded goods.

Budget 2009 sukuk: Real estate from an Islamic perspective

The sukuk market was booming in 2007 but has since come to a standstill.

A Budget for real estate?

Today Chancellor Alistair Darling made his second, and one of the most eagerly awaited, Budget statements. Is this a Budget for real estate? The good news is limited.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

IP or no IP? Is that the question?

With asset values on the whole diminishing, a number of funders are revisiting their corporate loan portfolios to examine their security packages, both in relation to valuation and enforceability. Are lenders as secure as they thought?

Further judicial guidance on the employment status of casual workers

In the case of R v Pola, the Court of Appeal has provided further guidance as to when a casual worker will be considered to be an employee for the purposes of the Health and Safety at Work etc. Act 1974 (the 'Act').

Questions on Supplementary Protection Certificates referred to the European Court of Justice

The English High Court has sought guidance from the European Court of Justice (ECJ) relating to the validity of a Supplementary Protection Certificate.

Google suffers setback in Adword dispute in US Court of Appeals

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".

Litigation survival guide - part 12. Meeting your disclosure obligations

Disclosure is an integral and essential part of the litigation process.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

More change on the way

Two new sets of regulations have been laid, making a mixed bag of amendments to pensions legislation. In the main, the changes are likely to be welcomed, although some opportunities have been missed, for example in relation to scheme investments.

The Community Infrastructure Levy

Regeneration and development requires additional infrastructure to support it. The CIL is a new statutory planning tariff which will aim to ensure that a proportion of the cost of providing that infrastructure is obtained from landowners and developers.

Property update - April 2009

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Getting their © grooves back

Many IP agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice. More clarity on this issue has now come from the English High Court.

Limited liability partnerships and UK real estate

The Limited Liability Partnerships Act 2000 created a new form of legal entity known as a LLP, which has unlimited legal capacity and can be used to carry on any form of lawful business including dealing with UK real estate development and investment.

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Debt Relief Orders - the latest tool in the debt relief toolbox

For debtors with limited liabilities, little surplus income and minimal gross assets, the new Debt Relief Order (DRO) is a further tool to consider in managing their debts.

The Renewables Obligation 2009: a new order

The 2009 vintage of the Renewables Obligation for England & Wales, Scotland and Northern Ireland became law this week.

Unfair dismissal - think twice before dismissing members of a final salary scheme

In a case in February, the Employment Appeal Tribunal confirmed that a tribunal is entitled to differentiate between a final salary pension scheme and a money purchase scheme when awarding compensation to an unfairly dismissed employee.

Monitor strengthens the hand of the NHS Co-operation and Competition Panel

In January 2009, the Co-operation and Competition Panel for NHS-funded services opened for business. The panel will investigate and advise the Secretary of State for Health and Monitor on potential competition breaches.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!