NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

High Court finds oral agreement to pay solicitor’s fees – Legal Futures

Posted September 25th, 2018 in agreements, fees, news, solicitors by sally

‘The High Court has found there was an oral agreement between a solicitor and the son-in-law of a client that the latter would cover his fees, which in the end totalled £330,000.’

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Legal Futures, 25th September 2018

Source: www.legalfutures.co.uk

No-deal Brexit thrusts UK into ‘legal vacuum’, warns Keir Starmer – The Guardian

Posted August 28th, 2018 in agreements, brexit, EC law, legislation, news, treaties by sally

‘Theresa May and the government would face a race against time to pass a slew of new laws, or risk creating an “unsustainable legal vacuum”, if Britain plunged out of the EU without a deal, Labour’s Keir Starmer has warned.’

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The Guardian, 26th August 2018

Source: www.theguardian.com

British Accession to the Hague Agreement – NIPC Law

Posted August 21st, 2018 in agreements, consultations, intellectual property, news, regulations, treaties by sally

‘On 13 March 2018 the British government deposited with the Director General of the World Intellectual Property Organization (“WIPO”) an instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”). The deposit of that instrument enabled the UK to join the Hague system for the registration of industrial designs from 13 June 2018. The Hague system allows businesses to register up to 100 designs in 69 countries in a single application.’

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NIPC Law, 18th August 2018

Source: nipclaw.blogspot.com

Business to Business Collaboration Agreements – NIPC Law

Posted August 6th, 2018 in agreements, intellectual property, news by sally

‘According to the Intellectual Property Office’s Facts and Figures for 2016 and 2017, 24 out of the 38 inter partes disputes that came before the Office’s tribunals arose from disputes over ownership of inventions. This can be an expensive and time consuming process as I explained in Disputes over Ownership of Inventions 6 Aug 2015 NIPC Southeast. Disputes over ownership of other intellectual property (“IP”) rights result in infringement actions like MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018).’

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NIPC Law, 4th August 2018

Source: nipclaw.blogspot.com

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018

Source: ukconstitutionallaw.org

Brexit: trade marks and designs – 10 things to know – OUT-LAW.com

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

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OUT-LAW.com, 11th July 2018

Source: www.out-law.com

Opportunistic Conduct and Good Faith – the line that joint venturers may not cross – Hardwicke Chambers

Posted June 19th, 2018 in agreements, contracts, joint ventures, news by sally

‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’

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Hardwicke Chambers, 16th May 2018

Source: www.hardwicke.co.uk

Case Comment: Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 – Supreme Court Blog

Posted May 23rd, 2018 in agreements, appeals, contracts, news, Supreme Court by tracey

‘Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24.’

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Supreme Court Blog, 18th May 2018

Source: ukscblog.com

Ethics expert calls on SRA to take tougher approach to NDAs – Legal Futures

‘The Solicitors Regulation Authority (SRA) needs to take a tougher approach to non-disclosure agreements (NDAs), a leading legal ethics expert has told MPs.’

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Legal Futures, 19th April 2018

Source: www.legalfutures.co.uk

Ban non-disclosure agreements on workplace sexual harassment, says EHRC – Daily Telegraph

‘Non-disclosure agreements about sexual harassment in the workplace should be banned, the Equality and Human Rights Commission has said.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, brexit, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

SRA warning over sexual misconduct NDAs “put solicitors in difficult position” – Legal Futures

‘The Solicitors Regulation Authority’s warning about using non-disclosure agreements (NDAs) in cases of sexual harassment puts solicitors in a difficult position and may even discourage reporting, it has been claimed.’

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Legal Futures, 19th March 2018

Source: www.legalfutures.co.uk

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by tracey

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Divorce? You may regret it if you don’t ask for legal advice – Family Law

Posted March 12th, 2018 in agreements, damages, divorce, financial provision, mental health, news by sally

‘Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Brexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette

‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday. However the Law Society cautioned that the ‘real complexity’ of the deal lies ahead.’

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Law Society's Gazette, 10th December 2017

Source: www.lawgazette.co.uk

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Scomadi v R A Engineering and Others – A Licence Agreement that went wrong – NIPC Law

Posted November 21st, 2017 in agreements, intellectual property, licensing, news by sally

‘On 19 Sept 2017, I chaired seminars in the studios of Northern Ballet in Leeds and at the Barnsley Business and Innovation Centre in South Yorkshire at which Tom Duke, our intellectual property attaché in Beijing, spoke on “Succeeding in China – How to mitigate IP risk” as part of a China IP Roadshow (see Jane Lambert Meet our IP Attaché to China 21 July 2017 IP Yorkshire). One of the reasons why Tom made that tour is that an increasing number of British IP owners contract with manufacturers in China and other countries where production costs are lower than in the UK to make goods for them under licence. Often such arrangements work very well but sometimes they can go very badly wrong.’

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NIPC Law, 21st November 2017

Source: nipclaw.blogspot.co.uk