Insights & News
Search for Insights & News
-
When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?
-
Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
-
What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms
18 January 2016“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!
-
When will a court override an exclusive jurisdiction clause?
30 November 2015In Jong v HSBC Private Bank (Monaco) SA [2015] EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
-
No duty of loyalty owed by directors to shareholders
26 November 2015On 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
-
New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
-
Access to justice: IPEC 1 - MoJ 0 (Brands & IP Newsnotes - issue 1)
27 September 2015Conducting litigation in a cost effective and proportionate manner can be a challenge, especially if it involves big brand owners going toe to toe. But help is at hand in the form of the Intellectual Property Enterprise Court (‘IPEC’).
-
It never rains, but it pours…(Brands & IP Newsnotes - issue 1)
27 September 2015Registered designs are used to protect the appearance of products. In considering whether to allow registration, several factors come into play: what else is already out there (the ‘prior art’); who will use it (the ‘informed user’); and what ‘degree of freedom’ does the designer have in arriving at the particular design?
-
EU trade mark reforms come closer (Brands & IP newsnotes - issue 1)
27 September 2015Seven years after the European Commission started its evaluation of the European trade marks framework, the texts of the new proposed legislation were finally published in June 2015.
-
What’s New Copycat? (Brands & IP newsnotes - issue 1)
27 September 2015Last year, consumer group Which? carried out a comprehensive survey of the copycat product packaging market in the UK. It found that over 150 of retailers’ own-label products “mimicked” the market-leading brand-owner’s packaging.
-
When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)
27 September 2015As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.
-
A copyright work in 140 characters? (Brands & IP Newsnotes - issue 1)
27 September 2015It isn’t easy to keep your social media followers entertained with rafts of enthralling and hilarious new material.
-
Not so-far, Sofa Workshop (Brands & IP newsnotes - issue 3)
27 September 2015If a trade mark proprietor does not make ‘genuine use’ of its marks, they may be vulnerable to attack from third parties.
-
You’re cabbing a laugh (Brands & IP Newsnotes - issue 1)
27 September 2015The High Court has refused an application by the manufacturer of the iconic London black cab (“LTC”) for permission to adduce survey evidence in a claim for passing off.
-
A glitch in time – European Court rules on travelling as ‘working time’
11 September 2015The European Court of Justice (“ECJ”) has ruled that, for workers with no fixed or habitual place of work, travelling time to and from the first and last customer appointments of the day should count as “working time” for the purposes of the EU Working Time Directive (“WTD”).
-
Remuneration in financial services - new rules on deferral and clawback
29 June 2015New rules on deferral and clawback of variable remuneration are set out in a joint policy statement issued by the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”). They will apply to variable remuneration awarded for performance periods beginning on or after 1 January 2016.
-
Zero-hours contracts – exclusivity ban now in force
26 May 2015The new government has finally implemented the long-heralded ban on exclusivity clauses in zero-hours contracts. This has been a hot topic for many months, with all of the major political parties including plans to tackle the widespread use of such contracts in their election manifestos.
-
Africa's 'explosive growth' in adspend
11 May 2015Following their attendance at last month's IAA 'Africa Rising' conference in Ghana, Boko Inyundo and Paul Rajput's article on why and how big brands are taking the continent seriously, has been featured by leading advertising industry magazine, Campaign.
-
Lewis Silkin advises Publicis Worldwide on acquisition of shopper marketing agency, Vivid Brand
06 May 2015Lewis Silkin has advised Publicis Groupe's agency network Publicis Worldwide, one of the leading global creative agency networks, on its acquisition of shopper marketing agency, Vivid Brand, adding to its portfolio of agencies within the Publicis Worldwide network in the UK.
-
Résolutions spéciales requises par le Companies Act 2006
19 April 2015Les décisions ci-dessous ne peuvent être passées que par les actionnaires détenant au moins 75% des droits de vote.