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By Jonathan Ball, Laura Mucha
On 24 May 2011, the European Commission issued a press release unveiling a new strategy to revamp the legal framework in which intellectual property rights (IPR) operate.
By Peter Scott
On 19 January 2011 the English Court of Appeal dismissed an appeal in Enron Coal Services Ltd v English Welsh & Scottish Railway Ltd1 - the first damages action to have gone to trial in the Competition Appeal Tribunal (CAT).
By Peter Scott
On 10 May 2010, the Office of Fair Trading’s (OFT) high profile criminal prosecution of four current or former British Airways executives for price-fixing (under the "cartel offence") unexpectedly collapsed when the OFT decided not to offer any evidence because of concerns that it might be unfair to continue the proceedings following the discovery of a significant amount of new evidence after the trial had begun.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case, the court refused to enforce a decision of the adjudicator on the grounds that the adjudicator made a material jurisdictional error in deliberately declining to consider the employer’s set -off defence; and that the deliberate decision amounted to a breach of natural justice.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case, the court had to consider whether the grant of an interim injunction should be upheld to prevent a contracting authority proceeding with the award of a framework agreement.
By Christopher Hill, Steve Abraham, Donald Warnock
An adjudicator’s decision is binding unless and until it is finally determined by litigation, arbitration, or agreement between the parties.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case the Court of Appeal had to consider the effect of a refund guarantee in the context of a shipbuilding contract.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case the court had to address whether the court had the power to grant an injunction restraining a party from pursuing a referral to adjudication.
By Christopher Hill, Steve Abraham, Donald Warnock
The following decision is notable for the robust judgment of Mr Justice Coulson when considering whether to order a sale of property owned by a judgment debtor.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case the court had to consider the construction of a condition precedent in a standard form JCT trade contract, as amended by the parties.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case, the court had to consider the nature of the parties relationship and in particular whether the parties had entered into a construction contract within the meaning of section 107 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act).
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case the court had to consider whether an employer’s right to liquidated and ascertained damages ended upon termination of the employment of the contractor under the contract.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case the commercial court had to consider (amongst other things) whether a force majeure clause was triggered by a dramatic change in market conditions.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following Scottish case the court had to consider the validity of various assignments of collateral warranties to the sub-tenant of a property and the enforcement of those collateral warranties against the parties who originally provided them.
By Christopher Hill, Steve Abraham, Donald Warnock
In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail.