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Incorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms
When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?
Read moreSPA breach of warranty claim – interpreting a no material adverse change warranty
How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?
Read moreExclusion clauses - loss of profits and wasted expenditure
What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?
Read moreExcluding statutory implied terms – inequality of bargaining power considerations
In what circumstances is it reasonable to exclude the statutory implied term as to quality?
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK Government sets out proposals for regulation of AI
What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?
Read moreOfcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
Read moreICO to focus on vulnerable and disadvantaged in new three-year plan
How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?
Read moreEuropean Parliament adopts the Digital Markets Act and the Digital Services Act
What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?
Read moreEuropean Commission publishes Q&As on the new Standard Contractual Clauses
What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?
Read moreUK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
Read moreThe EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
Read moreThe UK’s new Data Protection and Digital Information Bill
Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?
Read moreSnapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreImproper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation
Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?
Read moreCourt of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates
Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?
Read moreThe new Product Security and Telecommunications Infrastructure Bill
What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?
Read moreEuropean Commission forces consumer and advertising changes on TikTok
How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?
Read moreRestraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect
In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?
Read moreImplied novation by conduct despite contract requiring variations and termination to be in writing
Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?
Read moreForce majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract
Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?
Read moreNew ASA guidance on enhanced disclosure of ads aimed at children
What advertising disclosures does the ASA expect in advertising targeted at children?
Read moreASA raps podcast for not being easily identifiable as an ad
How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?
Read moreThe ASA’s new Intermediary and Platform Principles Pilot
What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?
Read moreCMA investigates ASOS, Boohoo and Asda over “greenwashing"
What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?
Read moreASA rules on #ad disclosure for director’s social media posts
Do the ASA’s rules on advertising disclosure extend to directors and other employees posting on social media?
Read moreICO launches AI and Data Protection Toolkit
How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?
Read moreDCMS launches consultation on intervention into app security and privacy
Will a new voluntary Code of Practice encourage better practices amongst app developers and operators to tackle cybercrime?
Read moreEuropean Commission and US announce “in principle” agreement on Trans-Atlantic Data Privacy Framework
Are we any nearer to a new transatlantic data privacy framework?
Read moreICO fines Clearview AI over £7.5m for facial recognition database
How are public bodies and regulators responding to the rise in use of facial recognition technology?
Read moreECJ allows consumer protection associations to bring actions for data protection rights infringement
Does the General Data Protection Regulation (GDPR) enable consumer protection associations to bring legal proceedings against persons responsible for breaching data protection laws, even if they are acting without the involvement of a consumer?
Read moreSnapshots Summer 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreOfcom guidance on advertising on video-sharing platforms
What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?
Read moreUK government announces the launch of an AI standards hub
What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?
Read moreAmended Digital Services Act adopted by European Parliament
How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?
Read moreCMA secures changes to Xbox auto-renewal practices
How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?
Read moreSnapshots Winter 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreApple’s changes in privacy settings results in Snap shareholder class action
Read moreSnapshots Autumn 2021: Your consumer fix
A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the consumer world.
Read moreSnapshots Autumn 2021: Your digital fix
A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the digital world.
Read moreSnapshots Autumn 2021: Your data fix
A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the data world.
Read moreSnapshots Autumn 2021: Your advertising and marketing fix
A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the advertising and marketing world.
Read moreSnapshots Autumn 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreConsumer surveys and Vodafone’s “The UK’s best…” claim
Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?
Read moreNon-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses
Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32
Read moreSupreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC
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