The PIP breast implant affair will be a case study in the product liability context for many years to come. Two significant reports on the matter have been published recently. Sarah Croft of Shook, Hardy & Bacon International LLP considers the conclusions drawn and possible ramifications for future litigation and the regulation of medical devices.
On 21 March 2012 in Flood v Times Newspapers Ltd [2012] the Supreme Court unanimously upheld an appeal by Times Newspapers Ltd (TNL) and held that the newspaper had acted ‘responsibly’ in publishing an article about police corruption in 2006. This is the second occasion on which the country’s highest court has considered the defence …
The recent case of Jones v IOS (RUK) Ltd & anor [2012] concerned a claim for damages for breach of a confidentiality agreement. In the opening paragraph of his judgment, His Honour Judge Hodge QC identified three ‘interesting issues of law’ that he needed to decide, namely:
As a result of widespread and rapidly increasing use of the internet in the People’s Republic of China (with over 500 million users, China has the largest internet-using population in the world)1, there is already a great deal of jurisprudence relating to intellectual property infringement and the internet. Although decisions of the courts in China …
Social media has enthused the psyche of Indians and encouraged them to become a part of the virtual community. It has revolutionised the way we communicate and is now an indispensable part of our lives, empowering us to interact in real time across borders and time zones and connect on a scale previously unimaginable. Social …
After many months promoting the introduction of Deferred Prosecution Agreements (DPAs) in the UK, the solicitor general, Edward Garnier QC, is close to securing his goal. With strong government backing, the support of the incoming director of the Serious Fraud Office (SFO), and, according to Mr Garnier, of the city firms and non-governmental organisations he …
Over the past five years lenders have suffered staggering losses on residential mortgage lending. Many lenders have sought to mitigate these losses by taking legal action against third parties – often valuers and solicitors – alleging that the losses (at least in part) were caused by the negligence of these professionals. In more extreme cases …
Continue reading “Recoveries litigation in the new regulated environment”
Earlier this year, the Court of Appeal handed down two important judgments on the environmental impacts of commercial enterprises on their neighbours. The first case, Coventry (t/a RDC Promotions) & anor v Lawrence & ors [2012], concerned noise from a racing circuit and the second case, Barr & ors v Biffa Waste Services Ltd [2012], …
Continue reading “The law of nuisance: the Court of Appeal revisits longstanding principles”
Contractual parties are increasingly agreeing to commit themselves to a mutual duty of ‘good faith’, despite the apparent lack of certainty as to the meaning of such a duty. The High Court recently demonstrated the significance of such clauses and showed that a duty of good faith is a meaningful obligation with the potential for …
There is often a perception that IP disputes with any UK element need to be litigated in London, whether in the High Court or in the revamped Patents County Court. While this perception is understandable, it is not correct, as there are, in fact, many cases where there may be a Scottish option for dealing …
Continue reading “Protecting your intellectual property in Scotland”
‘Freedom of Information Act. Three harmless words. I look at those words as I write them, and feel like shaking my head ‘til it drops off. You idiot. You naïve, foolish, irresponsible nincompoop. There is really no description of stupidity, no matter how vivid, that is adequate. I quake at the imbecility of it.’