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Agency

The meaning of “Goods” under the Commercial Agents Regulations

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 Read more…

By Anthony de Winton, 4 years2018-11-24 ago
Data Protection

General Data Protection Regulation – Lawful processing of personal data

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 Read more…

By Anthony de Winton, 5 years2018-04-04 ago
Data Protection

General Data Protection Regulation – Does it apply to you?

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 Read more…

By Anthony de Winton, 5 years2018-02-27 ago
Shipping

English Court of Appeal considers the NYPE Interclub Agreement

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 Read more…

By Anthony de Winton, 5 years2018-02-18 ago
Contract

United Kingdom Supreme Court considers whether credit should be given for a benefit arising when assessing damages for breach of contract

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 Read more…

By Anthony de Winton, 6 years2017-07-27 ago
Shipping

English courts hold that Hague Rules package limitation does not apply to bulk cargoes

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 The Hague Rules no longer have the force of law in the United Kingdom (having been replaced by Read more…

By Anthony de Winton, 6 years2017-05-18 ago
Contract

Retention of title – The UK Supreme Court gives judgment in PST Energy. v O.W. Bunker

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 Read more…

By Anthony de Winton, 7 years2016-05-22 ago
Consumer Rights

Consumer Rights Act 2015

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 Read more…

By Anthony de Winton, 7 years2016-03-24 ago
Contract

Retention of title – Appeal of PST Energy. v O.W. Bunker

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 Read more…

By Anthony de Winton, 7 years2016-03-24 ago
Tort

The Court of Appeal confirms that interference with privacy is a tort that is separate from breach of confidence

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 Read more…

By Anthony de Winton, 7 years2016-03-24 ago

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