Tag Archives: commercial law
Where there’s a [lack of good] will, there’s a way?
Despite its age, the Commercial Agents Directive 86/653/EEC (as amended) continues to present problems. There has been a steady stream of decisions from the Court of Justice of the European Union on the meaning of its provisions dealing with the … Continue reading
Filed under Commercial
What damages will I get? (Part II)
This must be the shipping/damages season. After a case dealing with reliance damages (blogged here), we also have a case that has reviewed the status of liquidated damages clauses: Azimut-Benetti SpA v. Healey [2010] EWHC 2234 (Comm). A liquidated damage … Continue reading
Filed under Commercial
English court gets sniffy about being led by the nose
The recent Court of Appeal case of L’Oréal SA & Ors v. Bellure NV & Ors [2010] EWCA Civ 535 is probably the best, recent example of an English court attempting to tweak the nose of the Court of Justice … Continue reading
Filed under Commercial, Intellectual Property
Terms and conditions: a Faustian pact?
The online computer games company Gamestation pulled a clever terms and conditions stunt for April Fools’ Day, which caught out over 7,500 customers. What they did was amend their online terms and conditions by including the following: By placing an … Continue reading
Filed under Commercial
A never ending story
There are some words or phrases that have been in use for so long within certain types of contracts that you would think everyone knew what they meant. Sadly, this is not case. BMS Computer Solutions Limited and AB Agri … Continue reading
Filed under Commercial, Intellectual Property, IT Outsourcing
In a matter of great interest
This is a simple case note on Marketstudy Insurance Co & Ors -v- Endsleigh Insurance Services, which, if it is not overturned, will make all commercial lawyers and contract managers think again about limitations of liability. The contract in dispute … Continue reading
Filed under Commercial
20:20 hindsight or RTFC?
This is another in our infrequent series of case reports that shows how normal commercial transactions can go badly wrong, with the insult of massive legal costs being added to the mess. This one, between BSkyB (Sky) and HP Enterprise … Continue reading
Filed under Commercial
“Life is not fair; get used to it.”
Yesterday for the first time the handing down of a Supreme Court judgement was a major news event. The outcome of OFT -v- Abbey National & ors was eagerly awaited. Many bank customers had hoped for some good news and some cash back from their banks – always handy … Continue reading
Filed under Commercial
2e’s or not 2e’s, that is the question
In our blog on Fitzroy Robinson Ltd -v- Mentmore Towers Ltd (Key personnel?), we noted that commercial lawyers have to keep an eye out for new case law in related areas. Another important example is the recent Chancery Division insolvency case … Continue reading
Filed under Commercial, Intellectual Property
When is an agent a “commercial agent”?
Sometimes we have sympathy with the commercially-minded view that lawyers are a waste of money. The recent example of money apparently being wasted on legal fees is the Court of Appeal case of Sagal (trading as Bunz UK) -v- Atelier … Continue reading
Filed under Commercial
Andrew Sharpe
