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418 results found

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Brodies LLP | United Kingdom | 21 Oct 2021

Trading half-heartedly is not enough to satisfy a keep open obligation under a commercial lease

Sarah McCormick considers the recent decision of the Court of Session (Outer House) in Sapphire 16 S.a r.l v Marks and Spencer Plc. In March 2020…
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Hill Dickinson LLP | United Kingdom | 16 Jun 2021

Is passing off past its best?

Following the widely reported court proceedings brought by Marks & Spencer against Aldi for Aldi’s version of the infamous Colin the Caterpillar cake…
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Asserson Law Offices | United Kingdom | 28 May 2021

Colin v Cuthbert: Is M&S Trying to Have Their Cake and Eat It, Or Has Aldi Made a Greedy Attempt at a Slice of Its Competitor’s Cake?

Many Brits will share fond memories of a certain chocolatey caterpillar, prone to appearances at birthday parties, charity events or any occasion…
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Hogan Lovells | USA | 9 Jun 2020

Employers need to consider whether they must compensate employees for mandatory COVID-19 testing

As cities and states around the United States are gearing to reopen facilities, employers are tasked with the daunting responsibility of ensuring that…
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Fieldfisher LLP (Ireland) | Ireland | 20 Jun 2019

Storm in a Teacup - Labour Court decision on unpaid wages during Storm Emma

The Labour Court has found in favour of Marks & Spencer’s Cork Store after the retailer opted not to pay staff who did not attend work during the…
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Gatehouse Chambers | United Kingdom | 21 Mar 2019

Is it really within your “absolute discretion”? UBS AG v Rose Capital Ventures Ltd and others

Indian business tycoon, Mr Vijay Mallya, was once dubbed “the King of Good Times”. However, over the last two years, £1.14 billion of his assets have…
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TLT LLP | United Kingdom | 27 Feb 2019

Retailers must buy into joint ventures

In response to the news that M&S and Ocado are entering a Joint Venture to "transform online grocery shopping in the UK", Perran Jervis comments on…
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Irwin Mitchell LLP | United Kingdom | 26 Feb 2019

Oral contracts: lessons from the Supreme Court

The recent Supreme Court case of Wells v Devani [2019] UKSC 4 considered oral contracts and offers guidance for ensuring key terms are binding and…
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Gatehouse Chambers | United Kingdom | 25 Feb 2019

“Obvious Contracts”

The Supreme Court recently handed down a long-awaited judgment in Wells v Devani [2019] UKSC 4. The case was an opportunity for the court to add to…
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Herbert Smith Freehills LLP | United Kingdom | 14 Feb 2019

Supreme Court overturns decision finding contract incomplete and declining to imply term

The Supreme Court has unanimously held that a binding agreement was reached between a property seller and an estate agent, despite the parties not…
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