Legitimate expectation representations and conspicuous unfairness | Kingsley Napley LLP

Legal Briefing

As the effect of public sector budget cuts begin to bite, companies and other institutions involved in projects with public bodies will look to judicial review as a possible way of protecting those projects or salvaging something from the wreckage if funding is pulled. The recent decision in R (on the application of Grimsby Institute …

Communication with in-house lawyers not covered by legal privilege | Boekel

Legal Briefing

On 14 September 2010, the European Court of Justice (ECJ) ruled that, in the field of competition law, internal company communications with in-house lawyers are not covered by the confidentiality regime regarding communication between external lawyers and clients. This judgment paves the way for the European Commission, in its role as competition regulator, to gain …

Mis-selling claims:Court of Appeal guidance | Macfarlanes

Legal Briefing

Investors who have suffered loss through declining asset values are likely to investigate whether their contractual counterparty (such as a bank or other financial institution) owed a duty of care to advise them as to the suitability of investments, and/or made actionable misrepresentations or misstatements. Given the extent of recent investor losses, it is likely …

Well-known trade mark protection in Indonesia | Rouse

Legal Briefing

The concept of well-known trademarks has a long pedigree, going back to the Paris Convention for the Protection of Industrial Property (1883). Since then, protection has expanded and this has been reflected through additional dilution protection (against misuse of marks with a reputation in dissimilar goods) in the Agreement on Trade-Related Aspects of Intellectual Property …

Protecting a company and its directors: D&O insurance | Holman Fenwick Willan

Legal Briefing

The upheaval over the Past few years in the financial markets and the global economy has led to a climate of increased regulation worldwide, with greater exposures for directors and the companies by which they are employed. All of this has highlighted the importance for companies to have adequate insurance protection. Directors’ and officers’ (D&O) …

Softlanding Systems, Inc v KDP Software Ltd & anor [2010] | SJ Berwin LLP

Legal Briefing

The Court of Appeal has upheld the recent High Court decision in Softlanding Systems, Inc v KDP Software Ltd & anor [2010]. The High Court had rejected Softlanding’s claim that KDP was in breach of its contractual obligations by failing to supply the required technical support post termination, and granted an injunction in favour of …

Parallel imports and trade marks | Amarchand Mangaldas

Legal Briefing

In this era of globalisation, markets around the world are being flooded with ‘parallel import’ goods. Parallel import occurs when the original products (and not counterfeit products) are imported cheaply to a country without the authorisation of the product owner who has intellectual property (IP) rights over the products. Unlike black market goods, parallel import …

If the cap fits: MAC recommendations | Magrath Sheldrick LLP

Legal Briefing

On 18 November 2010, the Migration Advisory Committee (MAC) published its recommendations to the government on the level for the 2011/12 permanent annual limit on economic migration to the UK under Tier 1 and Tier 2 of the points-based system (PBS).