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Leave to appeal granted in Enviroco case

Squire Sanders
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United Kingdom
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May 27 2010

The Supreme Court has granted Enviroco leave to appeal the Court of Appeal's decision in Enviroco Ltd v Farstad Supply AS

Online retailers must refund delivery costs

Squire Sanders
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European Union
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May 27 2010

In Handelsgesellschaft v Verbraucherzentrale, the Court of Justice of the European Union (CJEU) has ruled that online and mail order retailers must reimburse delivery costs if a consumer withdraws from the contract

Advocate General confirms that legal professional privilege does not extend to in house advice

Squire Sanders
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European Union
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May 27 2010

The Advocate General has confirmed that legal professional privilege does not protect communications between in house lawyers and their employers in EU competition investigations

'Subject to contract' waived where parties performed before agreement signed

Squire Sanders
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United Kingdom
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March 30 2010

In RTS Flexible Systems v Molkerei Alois Müller GmbH, the Supreme Court has held that where a clause in a draft contract provided that the contract would not become effective until signed by the parties, the parties had waived that requirement by beginning work on the project

Court of Appeal confirms low threshold for duty to mitigate loss

Squire Sanders
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United Kingdom
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March 30 2010

In Lombard North Central PLC v Automobile World (UK) Ltd, the Court of Appeal has reiterated that the duty to mitigate losses caused by a breach of contract is not a demanding one

Court of Appeal reaffirms rule that without prejudice material may not be used as an aid to interpretation

Squire Sanders
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United Kingdom
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March 30 2010

In the case of Oceanbulk Shipping & Trading SA v TMT Asia Limited, the Court of Appeal has overturned the High Court's ruling and reaffirmed the rule that without prejudice material may not be put before a court to assist in the interpretation of a settlement agreement

Personal liability of directors for company acts of IP infringement

Squire Sanders
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United Kingdom
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January 28 2010

In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company

Company not a ‘subsidiary’ where parent has charged its shares

Squire Sanders
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United Kingdom
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January 28 2010

In Enviroco Limited v Farstad Supply AS, the Court of Appeal held that where a parent company provided shares in its subsidiary as security for a loan and the shares were registered in the name of the lender, the subsidiary would no longer be a ‘subsidiary’ within the meaning of sections 736 and 736A of the Companies Act 1985

Guidance on ‘Wrotham Park' damages for breach of contract

Squire Sanders
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United Kingdom
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January 28 2010

In Pell Frischmann Engineering Limited v (1) Bow Valley (2) P T Bakrie, the Privy Council has given guidance on how ‘Wrotham Park’ damages should be assessed

Agency continued even where agent no longer negotiating sales

Squire Sanders
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United Kingdom
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December 10 2009

In Claramoda Limited v Zoomphase Limited, the High Court was asked to determine the effective date of termination of an agency contract for the purposes of assessing whether compensation was payable under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations

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