November 2012

Out of the frying pan: an analysis of implied terms in bespoke design contracts | Edwards Wildman Palmer UK LLP

When existing, off-the-shelf products do not meet requirements, a customer must obtain a tailor-made product or system. The Court of Appeal has recently considered the implied terms applicable to a contract to design and install a bespoke system, restricting the obligation of the contractor to a duty to take reasonable care only. Although the decision …

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Swap mis-selling: 
Grant Estates Ltd 
(in administration) v The Royal Bank of Scotland plc
 | Brodies

Since the start of the financial 
crisis in 2007, there have been many 
public accusations of mismanagement 
and dishonesty made against those involved in the running of the UK’s banks and financial institutions. Over the past several months, concerns have been expressed about the sale of interest rate swap products to small and medium-sized companies …

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Grant Estates Ltd 
(in administration) v The Royal Bank of Scotland plc
”

Counterfeit goods and product liability | Shook, Hardy & Bacon

The added value that has been built in branded goods, usually through many years of investment by the brand owner, provides a powerful attraction and incentive to manufacturers of counterfeit goods who are harnessing the power of the internet and global supply routes in growing numbers. Whilst the most obvious cost to manufacturers is loss …

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At what cost? The introduction of costs management in court proceedings | Macfarlanes

In the final report of his review 
of civil litigation costs, Lord Justice 
Jackson made it clear that he considers litigation to be too expensive and that 
the high costs of bringing or defending 
a claim in court effectively limit access 
to justice. He proposed that the court’s case management powers be expressly extended to …

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The copyright hub: moving copyright licensing into the digital future | Rouse

The current copyright licensing system is struggling to cope with the digital age. There is an increasing division between what consumers expect to be able to do with products they have bought – such as adding the music on a CD to their MP3 collection or sharing the music with members of the family – …

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Judicial intervention in foreign arbitration: redefined by the Supreme Court of India
 | Amarchand Mangaldas

Bharat Aluminum Company v Kaiser Aluminum Technical Services, Inc [2005] (the Balco judgment) concluding that the Indian courts would not have jurisdiction with respect to arbitrations with ‘seat outside India’, either for the purposes of granting interim relief or with respect to entertaining a challenge to foreign arbitral awards in India. With this decision, the …

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”

Recent developments at the UK Border Agency | Magrath Sheldrick LLP

It has been an eventful few months in Britain, the summer Olympics have been and gone, party conference season is over and suddenly Christmas is on the horizon once again. The UK Border Agency (UKBA) have been equally busy, announcing new policies, further changes to the Immigration Rules and the piloting of a new priority …

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Establishing the criminal liability of corporations | WilmerHale

In the government’s recent 
consultation on the introduction of 
deferred prosecution agreements (DPAs), one of the reasons given in favour of them was that DPAs would assist with the difficulties of establishing the necessary mens rea of many corporate criminal offences.1 The logic of this is questionable, but, given the current focus on DPAs as …

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A fresh look at price promises: the impact of competition law | Arnold & Porter (UK) LLP

Customers may often demand that suppliers’ charge prices that are the same as, or lower than, those charged to other customers. For some time, it has been assumed that these arrangements reduce supply chain costs and therefore benefit competition and consumers. However, this may not always be the case, according to a report (the Report) …

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Offshore transmission: the enduring OFTO regime | Burges Salmon

A new offshore transmission licensing regime (the regime) was introduced in 2009 that set out to radically change the way in which offshore transmission assets (ie those assets connecting offshore generating assets to the onshore electricity networks) were designed, built, funded and operated. Three years on, while many of the underlying mechanics of the regime …

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