Court of Justice rules a database of football fixture lists does not attract copyright protection: Football Dataco & others v Yahoo & others *

European Union - March 2 2012
In a judgment handed down on 1 March 2012, the Court of Justice of the European Union (CJEU) ruled that a database of football league fixtures will not attract copyright protection under Directive 96/9/EC (the Database Directive) where the database does not constitute the original intellectual creation of its author.

Co-authors: Ben Goodger, Akash Sachdeva .

Entire agreement clause is no defence against liability for misrepresentation *

United Kingdom - June 30 2011
The frequency with which entire agreement clauses have come before the courts for consideration demonstrates why it is so important that such clauses are carefully drafted to effectively protect the party seeking to rely on it, particularly with regard to excluding liability for misrepresentations.

Co-authors: Christopher Pease.

Court of Appeal - subrogation and conditional fee agreements *

United Kingdom - March 29 2011
In D Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 the Court of Appeal upheld an insurer's right to recover a success fee paid under a Conditional Fee Agreement (CFA) as part of the recovery of its costs.