The Court of Appeal has held that for the purposes of the Commercial Agents Regulations the term “Goods” does not include digital content supplied electronically. The Commercial Agents Regulations (Council Directive) 1993 The Commercial Agents Regulations (“the Regulations”) give effect to European Union Council Directive 86/653/EEC regarding the rights of Read more…
The General Data Protection Regulation (the “GDPR”) comes into effect on 25 May 2018. As mentioned previously (General Data Protection Regulation – Does it apply to you?) the GDPR has wide application including application to establishments outside the European Union that process personal data in connection with offering goods or Read more…
On May 25, 2018 the existing European Union Data Protection Directive (95/46/EC) will be replaced by the General Data Protection Regulation (“GDPR”). The new GDPR will apply not only to businesses established within the European Union but also to businesses outside the EU that process the personal data of persons Read more…
The English Court of Appeal has recently considered1 whether the word “act” in the phrase “act or neglect” means a culpable act in the sense of fault or whether it means any act, whether culpable or not. The question arose as a matter of construction of clause 8 of the Read more…
We previously commented on a decision of the Commercial Court1 regarding the question of what benefits need to be given credit when assessing damages for breach of contract (See“Measure of loss and the mitigation of damage. New guidance from the courts on when damages for breach of contract should be Read more…
An ocean carrier’s liability for loss or damage to cargo is subject to limitation under the Hague Rules or Hague Visby Rules. The Hague Rules no longer have the force of law in the United Kingdom (having been replaced by the Hague Visby Rules) but remain widely used and may Read more…
We earlier commented on the issues concerned with retention of title clauses in the context of the sale of items expected to be consumed before the passing of title (see “Retention of title – Dangers as well as benefits where goods are intended for consumption or onward sale by the Read more…
The Consumer Rights Act 2015 is a new law in the United Kingdom covering dealings between traders and consumers. The Act only applies to consumer sales (B2C) and does not apply to commercial sales (B2B). It applies to all consumer contracts whether or not individually negotiated. Background The Act consolidates Read more…
We earlier commented on the issues concerned with retention of title clauses in the context of the sale of items expected to be consumed before the passing of title (“Retention of title – Dangers as well as benefits where goods are intended for consumption or onward sale by the buyer.“). Read more…
We previously commented on the case of Vidal Hall v Google Inc. In that case the three Claimants were users of Apple Safari internet browsers. They alleged that the Defendant, Google Inc., misused their private information by tracking and collating information relating to their internet usage on the Apple Safari Read more…