Alerts
Alerts archive 2010

Limiting the spread of contamination... and its legal consequences

Most people are aware that it's a criminal offence to cause or knowingly permit pollution to occur. But it's not just a prosecution by the Environment Agency that companies need to be concerned about.

Compulsory prompt payment - of subbies!

From 25 March 2010, all government departments, agencies, non-departmental public bodies (and the bodies over which they have direct control) will be required to include a contract condition requiring their contractors to pay their subcontractors within 30 days.

Take action - Trade marks can be infringed by a competitor's internet keyword use (but Google claims a victory anyway).

The European Court of Justice (ECJ) has given judgment in four cases concerning alleged trade mark infringement via Google's adwords internet advertising service.

Online vetting - reputations on the line?

In a Microsoft-commissioned survey, 47% of UK recruiters and HR professionals stated that they look for online reputational data to vet candidates. And, 41% had rejected candidates based on information found online.

Consultative Decision Making & Delayed Take Off - R (on the application of Hillingdon Borough and others) v Secretary of State for Transport

On 26 March the High Court gave judgment in the case of R (on the application of Hillingdon Borough and others v Secretary of State for Transport) - a judicial review of the Government's decision to continue its support for the construction of a third runway at Heathrow Airport.

Debt on employer evolves again

Following last Autumn's consultation on draft regulations which would prevent a Pensions Act 1995 section 75 debt being triggered in two new sets of circumstances, final regulations have been laid and are due to come into effect on 6 April.

A 'Green' Budget, but is it green enough?

A new Green Investment Bank aimed at funding low carbon transport and energy schemes, such as nuclear power stations and wind farms, has been trailed in the press for a few weeks now. And it has appeared in Alistair Darling's pre-election Budget.

A Budget for Recovery?

The Budget 2010 was billed as "Securing the Recovery", but is perhaps better branded as a "Budget for First-Time Buyers".

Banking update: report and review on recent cases and issues

A defendant making a "claimant" part 36 offer, considerations of an unfair relationship, payment starts time running again and good reason required for failure to attend trial.

Before you charge in - part 3. Entire agreement clauses - how effective are they?

When negotiating a contract, should you be including an entire agreement clause? If so, how do you make sure it does what you want it to?

'Round up' on the scope of DNA patents - Monsanto Technology LLC v Cefetra BV and Others

A leading edge patent law hot potato is patents for DNA sequences. It appears that the protection offered by such patents in the EU may be more restrictive than many anticipated.

Tricky trade mark issues - toy shapes and trading names

In the Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Others case, the English Court of Appeal has provided guidance on what is required for a business located elsewhere to have goodwill in England which is sufficient enough to base a passing off action on.

Property Update - March 2010

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.

Former directors who set up in competition: the first post-Companies Act 2006 case comes to light

A transcript has just been released of a company law case decided last year: Thermascan Limited v Norman.

FIT and RHI: new acronyms to conjure with

As if energy, and renewable energy incentive schemes in particular, wasn't complicated enough already, two new schemes (and their obligatory acronyms) are due to be introduced in the next year or so.

What do you do when you haven't got time to consult?

Real life and legal obligations - not always a happy mixture. In real life things don't go to plan - customers change their minds and demand changes in your work plan. Suddenly you don't need as many people or for as long as you expected.

Reproduction of Opel logo on imitation toy cars does not infringe trade mark rights

The ECJ's ruling in the Opel v Autec toy cars case in January 2007 was a landmark in European trade mark law. The case is always referred to whenever the question of whether "trade mark use" is required to establish trade mark infringement arises.

Local authorities: the new generators?

It is widely acknowledged that the UK Government's targets for tackling climate change are incredibly challenging. It is also universally accepted that local authorities will have a key role to play in efforts to tackle climate change.

The innocent purchaser v the innocent finance company: who gets better title?

Nemo dat quod non habet or, as they say in English, no one can pass better title to goods than they possess. But there are exceptions to this principle of English law.

Premium and Standard Listings: the two-tier UK Listing Regime

Companies looking at a stock market quotation now have a wider choice of listing category to consider as the Official List, the London Stock Exchange's main market for listed securities, now has two tiers: a premium and a standard listing.

Consultation on supermarket regulator

The Groceries (Supply Chain Practices Market Investigation) Order 2009 (GSCOP) came into effect on 4 February 2010. The Order requires certain supermarkets to have written terms with the majority of their suppliers of goods for resale in place.

An end to the AGA Saga?

The High Court has ruled on one of the most fiercely debated questions arising out of the Landlord and Tenant (Covenants) Act 1995.

Purdah - public bodies in the pre-election period

With the next general election looming, Wragge & Co's Public Law and Regulation team considers the implications for decision-making by central and local government and other public authorities.