Ashfords Solicitors - Commerial Contracts

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia

30/09/2008

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia, The Achilleas [2008] UKHL 48, [2008] All ER (D) 117 (Jul) House of Lords.

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New consumer rights

30/09/2008

The new regulations will be introduced on 26 May 2008 and aim to protect consumers by prohibiting traders from indulging in a number of aggressive and misleading sales practices.

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Regus (UK) Ltd v Epcot Solutions Ltd

30/09/2008

The case of Regus v Epcot concerned the enforceability and reasonableness of exclusion clauses contained within the standard terms of Regus.

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New Internet domain - could they pose a new cybersquatting risk?

30/09/2008

The Internet Corporation for Assigned Names and Numbers (ICANN) has just announced a relaxation of the rules governing the naming of websites Currently website names are restricted to certain suffixes, i.e. .com, .org or .gov. The new scheme would allow companies or organisations to purchase top-level domain names ending in almost any suffix they chose.

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Copyright material on the net

30/09/2008

A recently issued one billion dollar lawsuit by Viacom against YouTube highlights the risks and dangers associated with copyright infringement on the internet.

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Data Sharing Review Update

16/07/2008

A Data Sharing Review ("the Review") has just been issued by Richard Thomas, the current Information Commissioner ("IC") and Dr Mark Walport, the Director of the Wellcome Trust.

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ICO orders the release of cabinet minutes relating to Iraq military action

25/06/2008

The Information Commissioner issued a Decision Notice in February in which he ordered the release of the controversial minutes in which the Cabinet Office considered and discussed the Attorney General's legal advice concerning military action against Iraq. The order was made under the Freedom of Information Act 2000 (the "Act")

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Is Big Brother watching you?

25/06/2008

We all know that CCTV cameras feature heavily in our daily lives. Hardly a week goes by without the press running a story in which CCTV was used to positive effect. According to certain estimates we are being filmed by CCTV cameras about 300 times a day.

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CSA -v- SIC - the House of Lords Judgment

25/06/2008

This note provides an update on the House of Lord's recent judgment in the case of The Common Services Agency against The Scottish Information Commissioner (CSA -v- SIC ). The case considered both the Data Protection Act 1998 (DPA) and the Freedom of Information (Scotland) Act 2002 (FOISA) and their interaction.

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A brief guide to Liquidated Damages

25/06/2008

A liquidated damages clause specifies the amount of money payable in the event of a breach of contract. It enables each party to calculate the extent of their potential liability and to factor this into commercial decisions including for example, the price for the goods or services and the allocation of insurance.

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The Agency Minefield : How is Compensation calculated on Termination?

25/06/2008

It is reasonably well known that the 1994 Commercial Agents Regulations provide legal protection for self employed agents who sell products on behalf of someone else. Under these regulations, agents can claim compensation on termination of the agency relationship and pay outs can be substantial.

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Data Security in the Financial Services Industry

24/06/2008

The Financial Services Authority (FSA) published its report entitled "Data Security in Financial Services" (the report) in late April 2008. The report describes what financial services firms are doing to protect their customers' data and to protect against the risk that it might be lost or stolen and used to commit fraud or other financial crime. It also sets out examples of good and bad practice.

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Celebrity offspring's right to privacy

20/06/2008

The right to privacy came before the Court of Appeal in the recent case of David Murray -v - Big Pictures (UK) Limited. The Court had the opportunity in the case to consider the tensions between Article 10 of the European Convention on Human Rights (the "Convention") which provides for freedom of expression and Article 8 which provides for respect for private and family life, home and correspondence.

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Renewable Energy Contracts

06/02/2008

The renewable energy sector is relatively new and like any developing sector, the key players have to get to grips with a specialised and rapidly developing vocabulary and new legal and technical issues.

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