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Results: 1-10 of 16

Agency continued even where agent no longer negotiating sales
  • Squire Patton Boggs
  • United Kingdom
  • 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


High Court strikes out entire exclusion clause although only one sub-clause unreasonable
  • Squire Patton Boggs
  • United Kingdom
  • December 10 2009

In Lobster Group Limited v Heidelberg Graphic Equipment Limited, the High Court has held that an unreasonable sub-clause in an exclusion clause rendered the entire clause unreasonable and unenforceable


High Court interprets and applies the Commercial Agents Regulations
  • Squire Patton Boggs
  • United Kingdom
  • December 10 2009

In the case of Accentuate Limited v Asigra Inc, Mr Justice Tugendhat in the High Court interpreted and applied Regulations 17 and 19 of the Commercial Agents (Council Directive) Regulations 1993 (the Regulations), concerning the payment of compensation to an agent on termination of the agency contract


Personal liability of directors for company acts of IP infringement
  • Squire Patton Boggs
  • United Kingdom
  • 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 Patton Boggs
  • United Kingdom
  • 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 Patton Boggs
  • United Kingdom
  • 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


Exclusive jurisdiction clause does not apply to non-parties to the agreement
  • Squire Patton Boggs
  • United Kingdom
  • October 29 2009

In Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co Ltd, the High Court considered whether an exclusive jurisdiction clause extended to claims made against a non-party to an agreement


High Court clarification of illegality defence
  • Squire Patton Boggs
  • United Kingdom
  • October 29 2009

As a matter of public policy, the courts will not allow a claimant to enforce an illegal contract or otherwise to benefit from his own wrongdoing


Courts required to assess of their own motion whether terms fair under UTCCR 1999
  • Squire Patton Boggs
  • Spain, United Kingdom, European Union
  • October 29 2009

In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive


Leave to appeal granted in Enviroco case
  • Squire Patton Boggs
  • United Kingdom
  • 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