Home > Legal Opinions tagged Commercial dispute resolution

  • in good time

    Nichola Evans

    A High Court judge has given further guidance as to the extent of the Mitchell judgment. In the case of Guidezone Limited v Kenena and 5 others, the Court was faced with the situation where a defence was due to be served by 14th February 2014 and a few days beforehand the defendants had asked […]

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  • insurer avoids policy for misrepresentation and breach of condition

    Melanie Chisnall

    The recent Court of Appeal decision of Alan Bate v Aviva Insurance UK Ltd has confirmed that an insurer will not be in breach of its statutory duty and can avoid a residential insurance policy where the policy holder fails to disclose material information, breaches a condition and deliberately misrepresents the position. Mr Bates was […]

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  • non skidding knives – 2D marks invalid if essential characteristic...

    Susie Orton

    It is an absolute ground of refusal for a trade mark to be registered wherever its essential characteristics perform a technical function (Article 7 (1) (e) of CTMR). The CJEU has now held in Yoshida Metal Industry Co v Pi-Design AG that the analysis of those technical functions will apply to both two dimensional as […]

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  • fashion disaster for AXA

    Nichola Evans

    Two years ago the Commercial Court agreed with Ted Baker that the terms of their Commercial Combined policy provided cover for employee theft from their warehouse in North London. The Court of Appeal has today upheld that ruling dismissing AXA’s application for permission to appeal. In a robust ruling Lord Justice Tomlinson found it “unsurprising” that […]

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  • first look at the Insurance Contract Law bill

    James Gibbons

    Following the Law Commissions’ consultation in 2012 on proposals to introduce significant reforms to business insurance law, it has now published the first draft of the Insurance Contract Law Bill. Although the Bill is in its early stages of development, it is clear the extent of reform will be considerable, particularly with regard to insurer’s […]

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  • Consumer Rights Bill passes second reading without a division

    Fiona Carter

    The second reading of the Consumer Rights Bill was debated by MPs in the House of Commons yesterday (28 January 2014). The Secretary of State for Business, Innovation and Skills, Vince Cable opened the debate describing the proposed reforms as ‘pro-consumer’ and ‘pro business’. He said the aim was to simplify and strengthen consumer laws […]

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  • Consumer Rights Bill introduced to Parliament

    Fiona Carter

    The Consumer Rights Bill, published yesterday and having its second reading debate on Tuesday, heralds the most significant overhaul of consumer law in decades. Intended to clarify and simplify consumer rights, the Bill will change and consolidate much of existing consumer law in the UK including rules on unfair terms and rights and remedies for […]

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  • Change in distance selling law not to be under estimated

    Dinah King

    Our update of 13 December 2013 alerted businesses to the fact that although the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 had been adopted, they were not being implemented until mid-2014 so businesses have some time to plan for the changes. Finding ourselves now firmly into 2014, it is time to drive home […]

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  • have you been served with a notice of funding?

    James Gibbons

    The latest decision in Harrison v Black Horse is an important decision for cases in which success fees are claimed. In the case, it was held that the claimants’ failure to serve notices of funding prior to appeals to the High Court and Court of Appeal precluded them from recovering success fees under their CFAs. […]

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  • courts start to enforce Mitchell decision

    Katie Scott

    Decisions relating to the compliance with directions are like buses; you wait ages for one and then they all come at once. We waited until the end of November for the Court of Appeal’s decision in Mitchell; however decisions demonstrating the court’s strict approach following the Jackson reforms are now coming in thick and fast, […]

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