Disputes and Litigation Publications

17 November 2014

Interflora re-visited: Re-trial ordered in long-running dispute

In the latest chapter in the long-running keyword advertising dispute between Interflora and Marks & Spencer, the Court of Appeal has allowed M&S’s appeal against the Judgment of Arnold J in May 2013.

14 November 2014

Bribes, secret commissions and Monaco hotels

We look at the case of FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45 in which the Supreme Court has ruled that a bribe or a secret commission received by an agent is held by the agent on trust for his principal. 

13 November 2014

Should I stay or should I go? (Revisited) - further automatic suspension upheld

Further to our briefing, Procurement Challenges - should I stay or should I go?, the English High Court has stayed another contract award perhaps indicating an increased willingness to maintain automatic suspensions under Regulation 47(G) of the Public Contracts Regulations 2006 pending an early/expedited trial.

04 November 2014

High Court opens up blocking injunction remedial avenue for trade mark owners

What are the circumstances in which internet service providers can be made to block access to websites selling counterfeit goods? Arnold J has provided some answers in his judgment in Cartier and Others v BskyB and Others [2014] EWHC 3354 (Ch).

30 October 2014

Financial Services Series – Issue 12

In this edition of Financial Services Series, we look at the latest legal developments around interest rate mis-selling and the recent decision in the Cardiff Mercantile Court (Mark Bailey and M T R Bailey Trading Limited v Barclays Bank plc (2014) EWHC 2882(QB)).

22 October 2014

Solicitors trying to do the best for their clients may get struck off if they mislead the Court

In-house solicitors need and want to do the best for their internal clients. But this can conflict with their duties to the court in a dispute or prosecution.

22 October 2014

Specsavers v Asda: use of Shaded logo is genuine use of Wordless logo

In the final instalment of the long standing litigation between Specsavers and Asda, the Court of Appeal has overturned the revocation of Specsavers’ Wordless logo mark and ruled that the use of its Shaded logo mark amounted to genuine use of its Wordless logo mark.

16 October 2014

The dangers of ‘non-binding’ memoranda of agreement

‘Heads of Terms’ or ‘Memoranda of Agreement’ (“MoA”) are commonly agreed by parties as a precursor to entering into more substantial agreements. We discuss the recent case of Unaoil v Leighton Offshore and the risks presented by a loosely drafted MoA.

09 October 2014

Property litigation caselaw update

Our property litigation caselaw update contains a synopsis of five recent cases impacting upon real estate and lender issues.

03 October 2014

$770m AgustaWestland helicopter deal cancelled by Indian government amidst bribery allegations

India’s Ministry of Defence has sought to “terminate with immediate effect” a $770 million deal with AgustaWestland for the supply of 12 transport helicopters, due to allegations of bribery and corruption during the procurement process.

29 September 2014

Cyber risk - are you covered?

We look at the financial implications of cyber attacks, the insurance policy options available and the issues surrounding penalties for data loss.

29 September 2014

Financial Services Series - Issue 11

We provide a reminder of the Financial Ombudsman Service’s complaints handling procedure, highlighting the rules in relation to timings, costs and the reasoning used to determine claims. We also review a recent significant case and consider the difficulty of challenging a FOS decision.

10 September 2014

Errors on CHAPS payment requests

The Courts have been considering who, if anyone, is liable to a customer when CHAPS transfer details are incorrectly entered. In July 2014, the Court of Appeal handed down its decision concerning accuracy of CHAPS payment requests in Tidal Energy Limited v Bank of Scotland.

27 August 2014

Financial Services Series - Issue 10

Last month the FCA published the findings from its thematic review of best execution and payment for order flow (PFOF). We consider the key issues identified and the actions firms should be undertaking in light of it.

06 August 2014

HSE wrong to issue a Prohibition Notice

The HSE was wrong to issue a Prohibition Notice without first giving the recipient an opportunity to prove that safety was not at risk. We look at the recent case of Rotary Yorkshire Ltd v Hague in which, on appeal from an employment tribunal, the Court quashed a prohibition notice which had been issued by the HSE against a construction site sub-contractor.

14 July 2014

Planning and Infrastructure update

There have been some important and interesting announcements over the past couple of months which highlight the Government’s continued commitment to encouraging infrastructure projects. In line with the announcement in the Autumn Statement, the Government has published the Infrastructure Bill. This covers some significant areas which are intended to facilitate the growth of industry and make the country more economically competitive internationally.

14 July 2014

Parent Company Liability

A parent company can in certain circumstances be held liable for the health and safety breaches of its subsidiary. This article looks at when this duty can arise and what factors you should be considering in order to manage the risk.

30 June 2014

Insuring the cost of prosecutions and regulatory investigations

An investigation by a regulator or criminal prosecution can be a significant strain on a business’ resources and involve considerable expense. This briefing provides an overview of the types of insurance available to cover the cost of defending prosecutions and dealing with regulatory investigations and proceedings.

30 June 2014

Moroccanoil's passing-off claim against Aldi fails in lookalike product case

Jeremy Dickerson and Georgina Shaw have co-authored an article in World Trademark Review Daily following Moroccanoil's passing-off claim against Aldi. This article first appeared on WTR Daily, part of World Trademark Review, in June 2014. For further information, please go to www.worldtrademarkreview.com.

27 June 2014

Financial Services Series - Issue 9

Financial services regulation consists of a complex web of legislation, regulatory rules and guidance and case law that is applied at both a regulatory level and by the courts. This month’s briefing looks at how the FCA and the courts interact when it comes to regulatory enforcement.

30 May 2014

An employer’s guide to Employers’ Liability Insurance

This briefing takes a closer look at Employers’ Liability Insurance. We provide a useful overview for businesses and address some key questions. 

30 May 2014

Financial Services Series - Issue 8

Welcome to the eighth instalment in our Financial Services Series (FSS#8). The current Significant Influence Functions (“SIF”) regime will soon be replaced by a new Senior Managers regime for Banks. In this month's issue, we consider what SIFs are and the key aspects of the approach towards them. We also take a closer look at the new Senior Managers regime.

29 April 2014

Financial Services Series – Issue 7

Welcome to the seventh instalment in our Financial Services Series (FSS#7). In this issue, we look at thematic reviews used by the FCA to investigate risks which may affect a wider market.

29 April 2014

Captive insurance

We take a closer look at the meaning of captive insurance and the different forms in which it can be structured. Why consider using captive insurance? What are the risks?

31 March 2014

Electronic databases and liens

In the recent case of Your Response Ltd v Datateam Business Media Ltd the Court of Appeal held that it was not possible to exercise a lien over an electronic database.

31 March 2014

Current insurance law reform

Many of the harsher features of insurance law are in the process of being reformed. We take a look at proposals of particular interest to businesses purchasing insurance.

25 March 2014

Financial Services Series – Issue 6

Welcome to the sixth instalment in our Financial Services Series (FSS#6). In this issue, we look at what a Skilled Person Report is, the circumstances in which the Regulators are likely to use them, and the practical issues arising in dealing with Skilled Persons and their Reports.

28 February 2014

Financial Services Series - Issue 5

Welcome to the fifth instalment in our Financial Services Series (FSS#5). In this month's bulletin, we look at interviews with the FCA and provide practical tips in the event that you are faced with a request or demand for an interview.

27 February 2014

Double insurance and indemnities

Businesses can find they have placed more than one insurance policy which could respond to an incident. Our insurance team takes a look at the general principles and the practical considerations. 

25 February 2014

Contempt of court

Corporate officers need to be aware when conducting litigation on behalf of the company that they may personally be made responsible, with criminal sanction, if they do not obey the court strictly.

24 February 2014

Quaystone newsletter – March 2014

Our construction and engineering newsletter highlights the Court of Appeal decisions that have particular relevance to the construction industry. We also provide an update on HSE's current thinking on the overhaul of CDM.

28 January 2014

Quaystone newsletter – February 2014

This month our Construction and Engineering newsletter focuses on intellectual property issues in construction.

27 January 2014

Financial Services Series – Issue 4

Welcome to the fourth in our Financial Services Series (FSS#4). In this issue, we focus on the FCA’s powers to request information from regulated firms. We provide some practical tips to efficiently manage information requests and highlight the key FCA sources of guidance and information.

06 January 2014

The Bribery Act 2010: SFO targets construction and energy industries

The construction and energy sectors will be subjected to a specific “sector sweep” anti-bribery investigation by the Serious Fraud Office after they were identified as being particularly vulnerable to economic crime. We take a closer look at The Bribery Act 2010 and highlight crucial steps to minimise the risks.

23 December 2013

Financial Services Series – Issue 3

Welcome to the third in our Financial Services Series (FSS#3). In this issue, we discuss the sanctions the FCA has at its disposal. We take a look at sanctions available to the Regulator, recent trends in this area and consider what the future might hold.

19 December 2013

Real Estate Disputes Case Review 2013

Our review of the most significant real estate disputes cases of the last 12 months. 

10 December 2013

Challenge the appointment of administrators

Can directors challenge an administrator’s appointment and is the defence of that challenge an expense of the administration?

06 December 2013

The National Crime Agency – a British FBI?

The Serious Organised Crime Agency has been replaced by a brand new institution, the National Crime Agency (NCA) as the UK’s national crime fighting agency targeting serious organised crime. Our Fraud and White Collar Crime team look at the NCA’s role in investigating and preventing economic crime.

29 November 2013

English Disclosure and the French Blocking Statute

The Court of Appeal recently handed down a judgment relating to three separate appeals concerning the interaction between a French law known as the “French Blocking Statute” and French companies’ disclosure obligations when involved in English litigation in the English Courts.

26 November 2013

Taking an interest in insurance

This article briefly describes how a third party can take an interest in insurance cover and certain key issues to look out for when doing so. We look at mechanisms such as noting an interest, loss payee clauses, and co-insurance, and highlight factors to consider when determining the appropriate protection.

25 November 2013

Financial Services Series – Issue 2

Welcome to the second in our Financial Services Series (FSS#2). This issue deals with the FCA’s enforcement powers and process, aiming to provide a user-friendly overview and practical tips for the smooth management of the regulated firm’s relationship with the FCA at each stage of the process.

22 November 2013

Should schools be liable for failings of third party contractors?

This was the question put to the Supreme Court in Woodland v Essex County Council [2013]UKSC 66. The unfortunate circumstances of the case involved a 10 year old schoolgirl who suffered severe brain damage during a swimming lesson organised by her maintained school but provided by a private contractor.