Insights: Legal updates

Filter insights: Archive:
View by: Grid

Software Licensing: the perils of indirect access usage

|

The case of SAP UK v. Diageo[1], which was heard by Mrs Justice O’Farrell in the Technology and Construction Court, revolved around the specific terms of licence and maintenance agreements which dated back to 2004. These contractual terms had been amended and novated on a number of occasions, not always consistently and, as it turned […]


Guess fined by EU Commission for blocking Internet sales

, |

The fashion retailer, Guess, has been fined by the EU Commission for a breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU), which prohibits agreements between companies that prevent, restrict or distort competition within the EU’s Single Market. Guess operates a selective distribution system across the EEA, which is […]


Innovative security measures for Landlords in a changing market

|

With Brexit on the horizon there are an increasing number of stories in the financial press about struggling companies and fearful investors. Those affected range from well-known retailers to huge tech companies and it seems that no one’s position is as safe as once thought.  Against this back-drop, landlords are still trying to secure new […]


Airspace leases: property out of thin air

|

Introduction It is the desire of almost every property investor to make their assets “sweat” by maximising the income available from them. One way investors achieve this is by granting leases of the airspace above their properties. Investors may, for example, lease the airspace to a developer who can help them improve the density of […]


The increasing demand for serviced offices and how landlords can help secure lending

, |

The continued growth of the serviced office sector presents an investment opportunity for lenders providing issues surrounding perceived risk and valuation can be circumvented. The serviced office sector is evolving as businesses are increasingly demanding flexible, short-term office leases. Serviced offices are particularly attractive to SMEs and start-up businesses as they avoid a long-term commitment […]


Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

|

Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign. Please click the link below to read the full article. Just Don’t Do It – Nike’s LDNR campaign halted by UK IP court […]


Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

|

Background Pursuant to a share purchase agreement NG Football Investments Limited (the “Buyer”) purchased the whole of the issued share capital in Nottingham Forest Football Club Ltd (the “Club”). The Club was heavily indebted, and as a result the seller, NFFC Group Holdings Limited (ultimately owned by Mr Fawaz Al-Hasawi) (the “Seller”) inter alia agreed […]


If you don’t ask…sometimes you do get!

|

It is well established that arbitrators should request parties’ views when introducing a novel point in a dispute (Zermalt Holdings SA v NuLife Upholstery Repairs Ltd[1]).  However this does not always happen… In RJ & Anor v HB[2], the Respondents in an ICC arbitration challenged a number of awards for serious irregularity under s.68(2)(a) Arbitration […]


Case Update: Using a franchisor’s name without a franchise agreement

|

The recent case of Ghias v (1) Grill’O Xpress Ltd (2) Malik considered the compensation payable where a franchise brand is used after the termination of the franchise agreement without the permission of the brand owner. The claimant, Ghias, was the franchise brand owner of a group of fried chicken restaurants trading under the names […]


The Expanding Reach of the SFO

, |

The Facts The SFO had commenced a criminal investigation into KBR Ltd, concerning suspected offences of bribery and corruption. KBR Ltd is one of many subsidiaries of the US based KBR Inc., and ultimately forms part of the wider KBR Group. As part of its investigation, the SFO sought documents held both in and outside […]


Professional negligence for gratuitous services

|

Background The decision follows an earlier trial of a preliminary issue in January 2016, which established that the defendant architect (Mrs Lejonvarn) owed a tortious duty of care to her friends (the Burgesses), notwithstanding the fact that there was no contract and Mrs Lejonvarn was not paid for her services. That decision was subsequently upheld […]


Amazon Marketplace in the EU Competition spotlight

, |

The European Commission has launched an initial probe into Amazon over how it uses third party sellers’ data. In the past weeks this has been closely followed by an antitrust probe from the German Federal Cartel Office. One of the reasons Amazon is unique as a retailer is that it operates as both a merchant, […]