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Exclusive jurisdiction clause
  • McDermott Will & Emery
  • United Arab Emirates, United Kingdom
  • February 27 2009

In Middle Eastern Oil LLC v National Bank of Abu Dhabi 2008 EWHC 2895 (Comm) the High Court of England and Wales stayed English proceedings after finding that a banking agreement conferred exclusive jurisdiction on the courts of the United Arab Emirates (UAE


Rooney v CSE Bournemouth Ltd: terms and conditions available upon request
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms


Unilever plc v Ian Alexander Shanks: calculating employee compensation
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL


ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many


Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

A mistake in calculating the number of days (counting "days" rather than "working" days) in a contract's completion timing led to a dispute (Eminence Property Developments Ltd v Kevin Heaney 2010 EWCA Civ 1168) as to whether it had been repudiated properly and thus terminated validly


JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case


EDI Central Ltd v National Car Parks Ltd: all reasonable endeavours and utmost good faith
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In EDI Central Ltd v National Car Parks Ltd 2010 CSOH 141, Lord Glennie found that EDI Central Ltd had not breached a contractual obligation to pursue, "with all reasonable endeavours and as would be expected of a normal prudent commercial developer experienced in developments of that nature", the development of an NCP car park


Drug formulation patent found to be invalid in the United Kingdom but valid in other jurisdictions
  • McDermott Will & Emery
  • United Kingdom
  • April 30 2012

Mr Justice Arnold’s decision in Teva and others v Astrazeneca AB 2012 EWHC 655 (Pat) invalidated Astrazeneca’s patent for a sustained release formulation of the anti-psychotic drug quetiapine in the United Kingdom, on the grounds of obviousness, just days after the same patent was found to be valid in the Netherlands


International Chamber of Commerce UK cookie guide
  • McDermott Will & Emery
  • United Kingdom
  • April 30 2012

The International Chamber of Commerce (ICC) has issued guidance to help website operators and users understand and apply the changes to the Privacy and Electronic Communications Regulations 2003 relating to cookies that will come into force in the United Kingdom on 25 May 2012


The “innocent” copying defence: only applicable to works out of copyright
  • McDermott Will & Emery
  • United Kingdom
  • March 30 2012

In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988