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Technology and commercial contracts update

Matheson
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Ireland
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January 28 2010

The London Technology & Construction Court (a division of the English High Court) yesterday issued judgment in a long running case between BSkyB and Electronic Data Systems (now HP Enterprise Services

The importance of distinguishing between direct and indirect losses

Matheson
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Ireland, United Kingdom
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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
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Ireland
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June 15 2010

It is not often that IT disputes come before the Irish courts

BSkyB EDS litigation: pre-contractual representations

Matheson
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Ireland, United Kingdom
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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
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Ireland
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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

Recent decision by the English High Court is significant as it did not apply the traditional test for liquidated damages

Matheson
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Ireland, United Kingdom
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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”

High Court examines the issue of source code copyright

Matheson
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Ireland
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June 15 2010

The case of Visusoft Limited v Robert Harris and ARH Software Solutions Ltd concerned copyright

Obligation to negotiate in good faith?

Matheson
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Ireland, United Kingdom
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November 30 2009

Traditionally the common law has refused to recognise a duty to negotiate in good faith in run-of-the-mill transactions between parties acting at arm’s length on the basis that such obligations are too uncertain

Irish High Court rules that IP address does not constitute personal data

Matheson
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Ireland
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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"

Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?

Matheson
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Ireland, United Kingdom
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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

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