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The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
In Rentokil Initial 1927 PLC v Goodman Derrick LLP, the claimant’s refusal to waive privilege was criticised by the court.
This is a question that the courts have been asked to consider several times over the last few years and has been raised again in the case of Bluewater Energy Services BV v Mercon Steel Structures BV.
Bid rigging and the public sector download
The Competition & Markets Authority (CMA) has published a list of warning signs to encourage the public sector to be alert to bid rigging when buying in works, goods and services.
The dispute between Interflora and Marks & Spencer has taken yet another twist.
The dispute in IPC Media Ltd v Media 10 Ltd concerned the mark ‘Ideal Home’.
The EU General Court has upheld the registration of the shape of the ‘Rubik’s Cube’ as a trademark.
The term of copyright protection for literary, dramatic and musical works is the creator’s life plus 70 years.
Stretchline applied to strike out parts of a defence filed by the retailer, H&M, to a patent infringement claim.
Under section 20 of the Copyright, Designs and Patents Act 1988 it is primary infringement of copyright to communicate a copyrighted work to the public without the owner’s consent.
It was hoped that the enactment of the Landlord and Tenant Act 1988 would bring to an end the uncertainty that plagued applications by tenants to assign or sublet their premises.
Under section 38 of the Highways Act 1980, the local highway authority can agree to adopt roads that have been constructed to a specified standard.
A conservation covenant is an agreement between a landowner and a responsible body, whereby the landowner promises to carry out or refrain from carrying out activities on their land.
Invasive non-native species are plants and animals introduced into a natural environment where they are not usually found with serious adverse consequences for the environment.
A three-tiered tariff structure has been announced for the biomethane injection-to-grid tariff.
On 13 November the Payment Systems Regulator published a consultation paper entitled ‘A new regulatory framework for payment systems in the UK’ with responses due by 12 January.
Chancellor’s Autumn Statement and the national infrastructure plan — what does it mean for planning? download
Walker Morris’ planning and environment team provides a brief overview of the proposals likely to impact on the current planning regime.
Stamp duty on takeovers download
We have seen an increasing number of public company takeovers structured as schemes of arrangement.
The Competition & Markets Authority has published a consultation paper on draft consumer protection law advice for the UK higher education sector in relation to its dealings with undergraduates.
New copyright regulations came into force in the UK on 1 October 2014.