Commercial Articles

Specialist intellectual property barrister, Nicole Bollard has issued an update on the Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021, a must-read for all UK-based intellectual property specialists.

3PB’s Jakob Reckhenrich has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB) and identifies that the judgment of this case will now make it easier for a party to bring itself within section 49(2) of the Act, showing that the time for payment is other than the day of delivery may well be sufficient to show that “the price is payable on a day certain irrespective of delivery”. Secondly, the courts may be more willing than they once were, to construe a no set-off clause as extending to abatement (particularly where the word “reduction” is used).

Data protection for schools and higher education institutions

Matthew Wyard highlights the rights of access to data from schools and colleges and specifically what constitutes ‘education data’. The new Data Sharing Code of Practice from the ICO is also scrutinised for how it assists the higher education sector in situations of crisis on campus.

Zymurgorium Ltd v Hammonds of Knutsford plc

Mariya Peykova has analysed the case of Zymurgorium Ltd v Hammonds of Knutsford plc for Lexis®PSL.

Data protection claims: A guide for defendants

Specialist regulatory law barrister, Matthew Wyard looks at the raft of recent claims brought for breaches of statutory duty under the UK GDPR and the Data Protection Act 2018.

Ransomware attacks: a practical guide to survival

Specialist regulatory law barrister Matthew Wyard addresses the risk of a ransomware attack and considers the practical steps that businesses and public bodies urgently need to take in order to pre-empt such an event and what to do if disaster strikes.

Valbonne Estates Ltd v City Value Estates Ltd

Dr Zhen Ye has analysed the impact of this property dispute between two property developers, owned by members of the same ultra-orthodox Jewish community, over a failed purchase of the Beckton Arms in East London.

Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037

Specialist commercial and property law barrister, Charles Irvine has reviewed the recent Court of Appeal case Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 in which one party applied for a non-party costs order.

3PB’s specialist commercial and construction barrister Seb Oram has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29.

This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such clauses will be enforceable in the event of termination.

This analysis was first published by LexisPSL® on 22 July 2021.

To order or not to order compulsory ADR: there is no question

Specialist commercial law barristers David Parratt QC and Rebecca Farrell review the Civil Justice Council’s Report, ‘Compulsory ADR’.

Intellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others [2021] UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means.

Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another [2021] EWCA Civ 732, in which the Court of Appeal considered the scope of issue estoppel and when the courts can disapply it due to special circumstances.

Nicole’s article was first published in Thomson Reuters’ Practical Law Dispute Resolution blog on 9 July.