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Upper Tribunal decisions susceptible to limited judicial review
This administrative and public law e-bulletin from Herbert Smith examines a recent decision of the Court of Appeal affirming that decisions of the Upper Tribunal are susceptible to judicial review in limited circumstances.
Law Firm: Herbert Smith | Published: 01 September 2010 | Practice Area: Remedies and Enforcement
Proposed changes to adjudication
Adjudication is a useful tool for parties involved in construction disputes who are looking to resolve an issue, either during the course of or at the end of a project, as quickly and cost effectively as possible. This briefing examines the potential impact of changes to the law in this area.
Law Firm: Eversheds | Published: 31 August 2010 | Practice Area: Alternative Dispute Resolution
Rating: 
3 people found this useful
Contract law analysis - deadlock in the ‘battle of the forms’
If commercial parties enter into agreements without a formal contract, each party may send the other its standard terms and conditions and then, in the event of a dispute, argue that its own terms and conditions form the basis of the contract. Macfarlanes provides an analysis.
Law Firm: Macfarlanes LLP | Published: 31 August 2010 | Practice Area: Sale and Supply of Goods and Services
Rating: 11 people found this useful
Maker of Vodkat fails to convince Court of Appeal that extended passing off is now too broad
Wragge & Co reports that he Court of Appeal has upheld the judgment of Arnold J in January that Intercontinental Brands passed off its VODKAT product as vodka and thereby caused damage to the manufacturer of SMIRNOFF vodka, confirming the apparently broad scope of "extended passing off".
Law Firm: Wragge & Co | Published: 27 August 2010 | Practice Area: Passing Off
Rating: 1 person found this useful
Legal think tank calls for radical new approach to ‘reserved’ legal activities
The Legal Services Institute has published the first part of its comprehensive review of ‘reserved’ legal activities - those which can only be carried out by appropriately authorised persons. It aims to inform the Legal Services Board’s policy in this area.
Law Firm: Legal Services Institute | Published: 26 August 2010 | Practice Area: Practice and Procedure
Chinese court issues provisions on foreign-invested enterprise disputes
On 5 August 2010, the Supreme People's Court issued its ‘Provisions on Several Issues Concerning the Trial of Disputes Involving Foreign-Invested Enterprises’, which provide detailed guidance to courts in the PRC in deciding a range of issues involving foreign invested enterprises.
Law Firm: Allen & Overy | Published: 26 August 2010 | Practice Area: Litigation
Rating: 1 person found this useful
How effective is your retention of title clause?
Wragge & Co examines the case of Bulbinder Singh Sandhu v Jet Star Retail Limited, which highlights that care needs to be taken to ensure retention of title clauses are effective.
Law Firm: Wragge & Co | Published: 25 August 2010 | Practice Area: Corporate
Rating: 4 people found this useful
Banking update: tracing claims, ratification of actions, pre-action disclosure application and economic interest in bankruptcy application
This briefing from Wragge & Co covers the latest and issues affecting the lending industry, including: tracing claims, ratification of actions, pre-action disclosure application and economic interest in bankruptcy application required.
Law Firm: Wragge & Co | Published: 25 August 2010 | Practice Area: Regulation and Compliance
Rating: 1 person found this useful
The importance of clear intentions in commercial contracts
Disputes between parties to a written agreement almost always involve disagreements about the meaning and effect of particular contractual terms, but unless certain exceptions apply the court will not consider evidence of pre-contractual negotiations when interpreting a particular term.
Law Firm: Wragge & Co | Published: 18 August 2010 | Practice Area: Litigation
Rating: 6 people found this useful
Employer access to employee email communications
A recent Supreme Court decision in the USA has confirmed that, regardless of company policy, an employer may not review an employee’s communications with his or her lawyer that are sent using the company’s computer and servers, when sent from the employee’s personal email account.
Law Firm: Weil Gotshal & Manges | Published: 18 August 2010 | Practice Area: Regulation and Enforcement
Rating: 2 people found this useful
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