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Contract Arbitration Proceedings Focused on Achieving Finality

It is in the very nature of contract arbitrations that one side or the other will often be left feeling aggrieved by the outcome. However, as one High Court case showed, judges are keen to achieve finality in dispute resolution and it is no easy task to overturn arbitrators’ awards. Company A, the main contractor in respect of a power station construction...

Rates and ‘Reasonable Repair’ – Supreme Court Ruling

With changes to business rates upon us, property valuation is very much a live issue. A recent dispute between a property owner and the local rating office has confirmed the principle that if a property is not in a reasonable state of repair, it is to be valued as it is, not as it ‘should be’, or as the Supreme Court put it: ‘Does a commercial building...

Reached An Agreement Over the Phone? Confirm It in Writing!

No matter how deeply those on either end of a telephone line may trust each other, it is a hostage to fortune to reach commercial agreements over the phone without later confirming them formally in writing. One Court of Appeal case concerning the offshore drilling business illustrated the risks of not having formal written agreements. A drilling company (company...

GDPR – Reminder

The General Data Protection Regulation (GDPR) will come into effect on 25 May 2018 and will affect many businesses in the UK. The UK’s decision to leave the EU will not have any immediate effect on the application of the GDPR. The legislation imposes significant record-keeping requirements for any organisation that processes or controls personal data and...

Assigning Your Copyright to Another? Legal Advice is Mandatory!

Copyright in computer software generally belongs to those who write it. Such rights can be assigned to others, but a High Court case concerning a commercially successful financial trading program showed exactly why such intricate deals should never be attempted without specialist legal advice. There was no dispute that the software was the brainchild of a...

Tobacco Companies Have a Proactive Duty to Discourage Smuggling

Tobacco manufacturers will have to take a more proactive approach in discouraging cross-border smuggling of tobacco products after a tribunal’s ruling in an important test case concerning a £650,000 fine imposed on a multinational company. One of the company’s subsidiaries produced a brand of hand-rolling tobacco that was largely sold into the Belgian...