July 2014 Archive

Warning over pitfalls of passing on your home to your children

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Homeowners are being warned about the risks of signing their homes over to their children as the housing market improves. More …

The Assisted Dying Bill

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The Assisted Dying Bill passed its second reading in the House of Lords on 18 July without a vote. More …

The Enforceability of Pre-Contracts in Football

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The advent of the transfer window and the Bosman ruling in 1995, which enables players to agree to join a new club six months before the player’s contract with his present club is due to expire, has meant that pre-contracts between clubs and players have become increasingly common. Pre-contracts come in many different forms but generally speaking, it is an agreement providing for the player to join the club on a future date. More …

Court rules on infringement, bad faith and non-use

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The Claimant, the National Guild of Removal Services (NGRS) is a trade body which represents firms and individuals in the removal and storage business. The Defendant, Mr Milner runs a removal and storage business Intransit. More …

Court rules on copyright and breach of contract in aviation training materials case

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This, somewhat complicated case concerns the issues of copyright and reasonable notice. More …

Part 36 offers in costs proceedings

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Now that we are some 9 months into the new costs regime, we are seeing a number of issues arising from the implementation of the rules. More …

CJEU rules on unregistered design

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In 2005, Dunnes made copies of Karen Millen's garments including a black knit top and striped shirts and began selling these garments, under its 'Savida' label, in 2006. Karen Millen brought proceedings against Dunnes in 2007 claiming infringement of its unregistered Community designs in the garments pursuant to the Community Design Regulation 6/2002 (the Regulation). The case was first heard before the Irish High Court. More …

Jet2 v Huzar

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The Court of Appeal helps us understand when an airline can rely on the 'extraordinary circumstance' defence for a claim brought under the Denied Boarding Regulations. More …

Landmark Copyright Decision the Meltwater Case

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After 5 years of fierce litigation the Court of Justice of the European Union (CJEU) has held that on-screen and cached copies of websites generated by users whilst browsing the internet will not infringe the copyright of publishers and therefore can be done without authorisation or a license from the right holder. More …

Morrocanoil passing off claim fails in IPEC

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The case of Moroccanoil Israel Ltd v Aldi Stores Ltd [2014] demonstrates the importance of formally protecting the distinctive elements of a product. More …