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Concept Summer 2014

Welcome to the Summer 2014 edition of Concept, the latest news bulletin from Burges Salmon’s Intellectual Property and Technology Team.
02 June 2014

Contracting authorities and developers beware: “Leases” may be subject to procurement law

Impresa Pizzarotti v Comune di Bari confirms the EU approach to interpretation – it is necessary to look at the nature of a transaction to determine if procurement rules apply.
27 May 2014

ORR scrutiny of Network Rail performance

Taxpayers and rail users will soon be able to monitor Network Rail's progress against its regulated outputs and scrutinise the delivery of its multi-billion pound five-year plan for a better railway.
23 May 2014

Courts uphold 12 month restrictive covenant

In two recent cases, the courts have been prepared to uphold a 12 month post termination non-compete restrictive covenant.
19 May 2014


Fit for the internet age? European parliament votes through connected continent package

The European Parliament has voted in favour of the “Connected Continent” package designed to harmonise the EU telecoms market and promote a single telecoms market. 
16 May 2014

Consumer Rights Directive implementation: a reminder

How is distance selling legislation in the UK changing?
15 May 2014

e-Invoicing for EU procurement to become a reality

Electronic invoicing for procurement across the EU came a step closer this week after a directive paving the way for a standardised form of e-invoice was published in the Official Journal.
09 May 2014

Bare essentials for internet security: government advice for businesses

Companies, charities and not-for-profit organisations will be able to certify that their internet security measures are fit for purpose using a new government accreditation scheme.
09 May 2014

Privacy and protection of personal data triumph – Data Retention Directive annulled

The legality of the Data Retention Directive (2006/24/EC) was considered by the European Court of Justice and on 8 April 2014, declared invalid.
30 April 2014

Court proceedings may cost you confidentiality in your documents

Commercial parties invariably place a higher value on the confidentiality of their documents than courts appear willing to tolerate. Expect at least some erosion of confidentiality in your documents.
25 April 2014

How do an exclusion clause and a workshare arrangement fit together?

What is the nature of the dispute that arose in relation to IT and business process services provided to the DVLA by IBM.
24 April 2014

Partnering and good faith – what does this mean?

When parties have entered into a detailed contractual arrangement, the court is reluctant to interpret the written terms in a way which might “distort” the bargain they have made.
17 April 2014
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