Pinsent Masons wins trademark dispute for Interflora against M&S

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Related briefings

Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

No jurisdiction for covenant not to sue claim after foreign proceedings

Mr Justice Butcher has upheld a challenge by Vakifbank, a Turkish bank, to the English Court’s jurisdiction to try a claim brought by BTA, a Kazakh bank, and its affiliate. The background was that BTA had given Vakifbank a guarantee, governed by Turkish law, of a debt. By the time Vakifbank called on the guarantee, […]

Case Note: Computer Associates UK Ltd v The Software Incubator Ltd

By Zoe O’Sullivan QC The important decision of the Court of Appeal in Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 has held (reversing the judgment of HHJ Waksman QC at first instance) that the supply of software in the form of a download is not a “sale of goods” […]

Companies Court dismisses unfair prejudice petition

The Companies Court has dismissed a £21.5m claim brought against BCA Trading Limited, a subsidiary of BCA Marketplace plc, a FTSE 250 company. The claim arose following BCA’s purchase in 2014 of 51% of the shares in Tradeouts Limited from Tradeouts’ founder, David Brown, and his business partner…

Development in Sainsbury’s case against Visa’s fees

In the latest decision concerning multilateral interchange fees (“MIFs”) delivered on Friday 23 February, Phillips J held that if Visa’s MIFs were anticompetitive “then they were not exempt under Article 101(3) TFEU and would not have been exempt at any level”…

Latest Briefings

Polish law considerations: advance amount versus earnest money

This article is to discuss legal issues that may arise under Polish civil law in connection with the conclusion of a preliminary sale agreement and payment by the purchaser prior to execution of the final sale agreement of the amount which may be classified, depending on the parties’ decision, either as an earnest money (in […]

Poland reforms law to facilitate business activity

As of 30 April 2018, a package of five legal acts adopted on 6 March 2018 aimed at facilitating business activity entered into force in Poland. The legal acts are: Entrepreneurs Law Act;  Act on Ombudsman for Small and Medium-sized Entrepreneurs; Act on the rules for participation of foreign entrepreneurs and other foreign persons in […]

HMRC loses in specie contribution claim before the FTT

By Patrick Shee Self-Invested Personal Pensions, or SIPPs, have been under HMRC’s microscope for a number of years, but in a recent decision the First Tier Tax Tribunal (FTT) ruled against HMRC, finding that Relief at Source (RAS) for non-cash or in-specie contributions should be given to individuals. In Sippchoice Limited v HMRC [2018] UKFTT 12 the […]

The Health and Safety Sentencing Guidelines and their effect on business

By Adrian Mansbridge New Definitive Sentencing Guidelines for health and safety offences came into force on 1 February 2016; since then, there has been a significant increase in fines. What is clear from our analysis is that efforts by government to deregulate and reduce the burden of health and safety compliance have, from a financial […]

Mozambique: New regulations on compulsory social security

By Sonia Reis and Neylla Gulamhussen Decree no. 51/2017 of 9 October was approved as a result of the new challenges of Compulsory Social Security and seeks to adapt it to the current social situation. To achieve this, the Decree approves the Compulsory Social Security Regulations and came into force on 8 January 2018. The new […]

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System change

Budget tracking has become a core part of many in-housers’ roles, and delegates at our recent Portugal summit considered the hi-tech approach With price pressures hitting in-house counsel as much as private practitioners, many are looking for ways to control their budgets. The topic was one of several debated at The Lawyer’s recent General Counsel […]

Conyers advises Allstate Insurance on $350m catastrophe bond deal

Conyers Dill & Pearman has advised Allstate Insurance Company on a $350m catastrophe bond deal. The deal required the formation of a Bermuda special-purpose insurer — Sanders Re Ltd — established for the purpose of issuing catastrophe bond notes. The issuance provided Allstate and its affiliates with fully collateralised reinsurance protection against covered US hurricane […]

DLA Piper releases Banking and Finance Litigation Update issue 64

The Bank of England and the Treasury are considering an extension to the Funding for Lending Scheme, whereby banks can get cheap loans as long as the money is passed on to customers in the form of loans to small business and low rate mortgages. From 2 April, the new system of financial regulation in […]

Getting the Deal Through: Banking Regulation 2013 — Luxembourg

In Getting the Deal Through — Banking Regulation 2013, Michel Molitor and Martina Huppertz from MOLITOR take an in-depth look at the banking sector in Luxembourg, including regulatory framework, supervision, resolution, capital requirements, ownership restrictions and implications, and changes in control. For decades, the financial markets have occupied a fundamental position within Luxembourg’s economy, having […]

HMRC

Judgment Call: 20 May 2013

Banking & finance Harbinger Capital Partners v Caldwell[2013] EWCA Civ 492. Mummery LJ; Lewison LJ; Neatson LJ. 9 May 2013 In assessing the value of Northern Rock shares prior to its nationalisation, and therefore the amount of compensation due to shareholders, an independent valuer appointed under the Northern Rock plc Compensation Scheme Order 2008 had […]

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