Blog

What is a patent?

Wed, 22 Feb 2012 12:29:00 +0000

In the next in our series of providing a short overview on the different kinds of IP rights, we are reviewing patents.

The New Standard Conditions of Sale 5th Edition:

Thu, 16 Feb 2012 14:48:00 +0000

Standard Conditions of sale are incorporated into residential property contracts and the new standard conditions of sale were launched on 1 April 2011.

When does an employer have to pay full notice pay to an employee on long term sick leave?

Mon, 13 Feb 2012 15:23:00 +0000

The answer is contained within the Employment Rights Act 1996 (ERA) and depends upon the employee’s entitlement to notice within the contract of employment and whether it is more or less than the employee’s statutory minimum notice entitlement.

Advertising Standards Authority upholds review website complaint

Thu, 09 Feb 2012 16:09:00 +0000

The Advertising Standards Authority (“the ASA”), on 1 February, 2012 upheld a complaint made by two hotels against the review website TripAdvisor.

Copyright in Photographs: new case law

Tue, 07 Feb 2012 11:22:00 +0000

In a recent judgment, decided on paper, the Patents County Court had to decide whether photographs used on a charity website infringed the Claimant photographer’s copyright, and if so, how much to award him in compensation (David Hoffman v Drug Abuse Resistance Education (UK) Limited [2012] EWPCC 2).

Working Time Regulations: Refusal to offer overtime to an employee was reasonable

Thu, 02 Feb 2012 09:22:00 +0000

Employers who have employees that regularly work overtime can take comfort from the recent EAT decision in the case of Arriva London South Ltd v Nicolaou

Failure to mediate taken into account to prevent usual Part 36 order

Tue, 31 Jan 2012 09:14:00 +0000

In PGF II SA v OMFS Company & Anor [2012] EWHC 83 (TCC) (27 January 2012) the Defendant made a Part 36 offer of settlement on 11 April 2011. This was accepted by the Claimant on 10 January 2012, the day before the trial of the claim was due to start.

Information regarding Court hearings made public

Thu, 26 Jan 2012 15:41:00 +0000

From 24 January 2012, it is now possible to see data about the different Courts in England and Wales via a new online tool published by the Ministry of Justice.

New Generic Top-level Domain Names

Tue, 24 Jan 2012 12:44:00 +0000

As of 12 January 2012, and for a period until 12 April 2012, it is open to organisations worldwide to register a gTLD (generic top level domain) which may include a word or combination of letters and numbers e.g. .bank.

The increase in the qualifying period for unfair dismissal will only affect new joiners

Thu, 19 Jan 2012 12:19:00 +0000

In October 2011 the government announced that the qualifying period for an employee to bring a claim of unfair dismissal would be raised from one year to two years continuous service. The government made no statement at the time as to how it would deal with existing employees.

AMP v Persons Unknown – New Privacy Law?

Mon, 16 Jan 2012 14:31:00 +0000

In the case of AMP v Persons Unknown heard in December 2011, the Judge granted an injunction against “Persons Unknown” to prevent the transmission of sensitive, personal photos belonging to the Claimant.

What is Copyright?

Thu, 12 Jan 2012 11:44:00 +0000

You will invariably come across copyright in your professional and business life but also in your personal life. For example, downloading music files or uploading photos onto social media sites. We thought we would explain a bit about copyright in this blog.

Squatters in residential buildings to be criminalised

Mon, 09 Jan 2012 10:27:00 +0000

The Ministry of Justice (MOJ) has recently published a response to a consultation on squatters in residential buildings. The purpose of the consultation was to gather information on the extent of squatting in the country and consider how to improve the mechanisms to deal with squatting.

Claimant argues that its own purported “Part 36 offer” was invalid

Fri, 06 Jan 2012 09:08:00 +0000

In Thewlis v Groupama Insurance Company Ltd [2012] EWHC 3 (TCC) (05 January 2012) the court was asked to consider whether an offer made by the claimant purporting to be a Part 36 offer was a valid part 36 offer and if so whether it was capable of acceptance by the defendant even after it was expressly rejected.

Consultation on Copyright in 2012

Tue, 03 Jan 2012 14:50:00 +0000

As regular readers will recall, in November 2010, David Cameron commissioned an independent review of the UK’s Intellectual Property framework and the review panel, led by Professor Ian Hargreaves, published the findings of its review in May 2010. In August 2011 the Government accepted all 10 recommendations detailed in the review. On 14 December 2011, the Government announced a consultation setting out how it planned to tackle some of the specific issues concerning copyright.

New SPW Newsletter

Fri, 30 Dec 2011 09:25:00 +0000

If you are bored of the Christmas films and you want something to read while you are waiting for New Year’s Eve to arrive, you could take a look at our most recent newsletter.

Tweeting from Court? Whatever next?!

Tue, 27 Dec 2011 09:23:00 +0000

The legal system took a step forward this month in embracing social media, in a Guidance document issued by the Courts which deals with the use of “live text-based communications” in Court.

Season’s Greetings!

Thu, 22 Dec 2011 09:21:00 +0000

Wishing you all a very Merry Christmas and a happy and healthy 2012 from us all at Sloan Plumb Wood LLP!

Waiver of privilege in draft expert’s report

Mon, 19 Dec 2011 09:06:00 +0000

In ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011) the defendants (“Overall”) were faced with an application by the Claimant (“ACD”) to strike out Overall’s counterclaim in respect of ACD’s alleged professional negligence.

I’m a Biography – Get Me Out of There?!

Fri, 16 Dec 2011 09:36:00 +0000

In the recent case of Hodgson & Another v Isaac & Another [2010] EWPCC 37, the court was asked to consider whether a screenplay infringed the copyright of a pre-existing biographical work.

Levi Roots: New Case Law on Breach of Confidence

Tue, 13 Dec 2011 10:16:00 +0000

Fans of reality TV will be familiar with the BBC programme The Dragons’ Den, whereby up-and-coming entrepreneurs attempt to convince a panel of wealthy and successful businessmen and women to invest in their products or businesses.

Stairway to an Overriding Interest

Fri, 09 Dec 2011 09:12:00 +0000

The Claimant in the case of Chaudhary v Yauvuz had built an external stairway in the alleyway which belonged to his neighbour and had in fact removed the internal stairway at his property. A formal deed of easement, which would have granted rights of access over the alleyway, was not entered into and the Claimant took no further action to protect the right to access over the neighbour’s alleyway to the stairway.

Have you had your 18 year Prescription check?

Tue, 06 Dec 2011 12:09:00 +0000

In the recent case of London Tara Hotel Ltd v Kensington Close Hotel Ltd, the Court of appeal has confirmed the use of prescriptive rights to acquire rights of way over neighbouring land.

To mediate or not to mediate?

Thu, 01 Dec 2011 01:00:00 +0000

Commencing Court Proceedings or other formal proceedings against a party who you are in dispute with can sometimes seem like a daunting prospect. It might seem as if you are about to embark on a process which will cost you in terms of legal fees and your own valuable time.

“The Future” on hold

Mon, 28 Nov 2011 01:00:00 +0000

I remember being told by my University Property lecturer that the future of property transactions would be changed by the Land Registry’s plans for electronic conveyancing (e-conveyancing)…