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Recent decision by the English High Court is significant as it did not apply the traditional test for liquidated damages
- Matheson
- -
- Ireland, United Kingdom
- -
- March 25 2011
The English High Court (the "HC") in Azimut-Benetti SpA v. Darrell Marcus Healey upheld a liquidated damages type of clause by granting a summary judgment in favour of a shipbuilder (the “claimant”
Indemnities in a business sale
- Matheson
- -
- United Kingdom
- -
- March 25 2011
The English Court of Appeal has held that an indemnity clause was validly assigned to the purchaser of a business under a business sale agreement in the case of Shaw v Lighthouseexpress even though the relevant contract containing the indemnity had been terminated
The importance of distinguishing between direct and indirect losses
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
A recent case before the High Court in the UK, GB Gas Holdings Limited v Accenture, provides a useful insight into the distinction between direct and indirect losses and it serves as a reminder that when parties are seeking to exclude their liability, it is important to expressly exclude such liability rather than relying on the general exclusion for indirect losses or for loss of profits
High Court is reluctant to grant injunctions in service contracts
- Matheson
- -
- Ireland
- -
- June 15 2010
It is not often that IT disputes come before the Irish courts
Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
In a recent High Court case in England, it was held that even where parties choose a non-EU governing law in an agreement, the Commercial Agency Regulations (and indeed any other mandatory EU laws) must be followed
High Court examines the issue of source code copyright
- Matheson
- -
- Ireland
- -
- June 15 2010
The case of Visusoft Limited v Robert Harris and ARH Software Solutions Ltd concerned copyright
Meaning of a "perpetual" licence
- Matheson
- -
- Ireland
- -
- June 15 2010
In a recent case, BMS Computer Solutions Limited v AB Agri Limited, the UK High Court considered the meaning of the term "perpetual" in the context of a software licensing agreement
BSkyB EDS litigation: pre-contractual representations
- Matheson
- -
- Ireland, United Kingdom
- -
- June 15 2010
On 27th January 2010, the London Technology & Construction Court (a division of the English High Court) delivered its long anticipated judgment in one of the costliest, longest running and most notable IT disputes in recent years
High Court upholds Ryanair's website terms of use in "screen-scraping" case
- Matheson
- -
- Ireland
- -
- June 15 2010
In an Irish High Court judgment delivered on 26 February 2010, Mr Justice Michael Hanna ruled that Ryanair's online "Terms of Use", and in particular, the exclusive jurisdiction clause contained therein (which provided that the courts of the Republic of Ireland would have exclusive jurisdiction in respect of any dispute) were binding, and constituted an "agreement" for the purposes of Article 23 of the Brussels Regulation
Irish High Court rules that IP address does not constitute personal data
- Matheson
- -
- Ireland
- -
- April 19 2010
Mr Justice Peter Charleton, in a High Court judgment handed down on 16 April 2010 has ruled that an IP address does not constitute "personal data"
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- Author - Don McAleese