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Misrepresentation: the truth, the half-truth and anything but the truth
19 September 2019When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.
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More than just a stadium…
18 September 2019However it’s done, whether being rebuilt from scratch (Tottenham Hotspur, Chelsea, Arsenal), expanded (Liverpool) or converted from other uses (West Ham, Manchester City), one thing for certain is that football stadiums are big business. In this article, we explore some of the current projects and highlight some of the hot topics surrounding these cathedrals of the national game.
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ICO: Update Report into Ad Tech and RTB
17 September 2019On 20 June 2019 the UK’s data protection regulator issued a progress report setting out her initial concerns about the use of personal data in the ad tech sector – which she describes as “immature in its understanding of data protection requirements” – in particular when it comes to real time bidding (RTB).
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ICO: Updated guidance on the use of cookies and similar technologies
17 September 2019On 3 July 2019 the UK Information Commissioner’s Office (ICO) issued updated guidance on the use of cookies (and similar technologies), in which it has set out its interpretation of the impact of the General Data Protection Regulation (GDPR) on the cookie rules contained in the Privacy and Electronic Communications Regulations (PECR).
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Contract interpretation: a helpful recap by the Court of Appeal
03 July 2019At the end of March 2019, the Court of Appeal handed down a decision which provided a helpful reminder of the modern approach to interpreting contracts.
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The inexorable rise of video advertising
02 July 2019London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.
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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate
04 June 2019In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
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Government’s “porn block” roll out delayed
01 April 2019Two weeks ago we commented on the anticipated introduction of age verification controls on porn sites which were due to come into force today. It is now understood that the implementation of these controls has been delayed, with some media outlets reporting that an official announcement is expected this week.
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Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?
25 March 2019Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.
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Social media platforms under increasing pressure to protect users from harm
21 March 2019For many of us, using social media has become an integral part of life. However we are increasingly aware of the impact of social media on mental health and the harm that can be caused from exposure to certain content which is easily accessible online, as well as the harm that can be caused from misuse of personal data and data breaches. Access to content promoting terrorism and the increasing prevalence of ‘fake news’ and hate speech have all made headlines recently.
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Lewis Silkin appointed to Crown Commercial Service wider public sector legal services panel
06 December 2018Lewis Silkin is delighted to announce its appointment to the Government’s Crown Commercial Service (CCS) Wider Public Sector Legal Services agreement (RM3788) to provide a full range of legal services to public bodies in the UK.
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New regulation requiring fairness and transparency from the platform economy
26 November 2018The EC is proposing to introduce new legislation to govern the provision of online intermediary services.
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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Competition watchdog’s open letter to the creative industries
12 September 2017The UK’s Competition & Markets Authority (CMA) has published an open letter to the creative industries on competition law. The letter reminds businesses that certain conduct that undermines competition in those industries is illegal.
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A milestone for R&D agreements?
06 July 2017R&D agreements can often cover commercially significant and highly technical subject areas. In Astex Therapeutics Limited v AstraZeneca AB [2017] EWHC 1442 (Ch) the court has had to decide on the interpretation of an R&D agreement and whether certain “collaboration compounds” were within the scope of the agreement, triggering milestone payments or not.
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To UPC or not UPC – implementation of Unified Patent Court delayed (Brands & IP Newsnotes - issue 5)
23 June 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. At the moment, parties have to litigate patent disputes on a country by country basis across Europe, which is time-consuming, expensive and can lead to differing decisions in some countries. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve these disputes.
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Service of a claim form on an agent - was it valid?
22 June 2017In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
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Competition watchdog turns the spotlight on to eCommerce
15 June 2017We have written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.