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The property case of Howard-Jones v Tate [2011] is a useful reminder of the difference between rescission of a contract and discharge of a contract by breach.
The financial thresholds for the application of the EU public procurement directives are adjusted every two years and the new thresholds have been published.
The government proposes to introduce a favourable tax regime for patents.
On November 22 2011, the Consumer Rights Directive was published by the Official Journal of the European Union.
Anyone who has been involved in a commercial dispute, whether in the TMT sector or elsewhere, will be familiar of the care needed in direct discussions with the other side, especially when these concern a potential compromise of the dispute.
This judgment confirms the view long held by the European Commission and set out in the new vertical restraints guidelines that "every distributor must be allowed to use the internet to sell products".
In October 2011, the European Commission published its proposed Regulation for a Common European Sales Law ("CESL"), an optional sales law to sit alongside the Member States’ existing regimes.
In BVM Management Ltd v Roger Yeomans t/a The Great Hall at Mains and another [2011], the parties disagreed on what was incorporated into an oral contract.
In Rainy Sky SA and others v Kookmin Bank [2011], the courts will favour the interpretation most consistent with business common sense.
Broadband Delivery UK ("BDUK") has released a report on lessons learnt from the Superfast rural broadband pilots in Cumbria, Herefordshire / Gloucestershire borders, North Yorkshire and the Highlands and Islands in Scotland.
Ofcom has commenced a consultation on proposals to extend spectrum trading to maritime and satellite earth station spectrum licences.
Ofcom has published the remainder of its first report on the UK’s communication infrastructure as required under the Digital Economy Act and has also made its mapping data available to the public.
Both Ofcom and the European Parliament have recently made recommendations to address the issues of the open internet and network neutrality.
Ofcom is consulting on regulatory financial reporting obligations, LLU and WLR charge controls and Openreach’s dispute with TalkTalk Group concerning metallic path facility rental charges.
Further developments in the wrangle between ISPs and rights holders regarding file sharing sites.