Articles and Updates
Kate New, Legal Director in our Property Litigation Team provides an overview of the The Digital Economy Act which came into force on 28 December 2017 and looks at what this means for operators and landowners.
Jennifer Agate, Senior Associate in our Editorial Team recently wrote an article for Leading Case Internet Law considering two recent cases in which High Court injunctions were used to tackle cyber-attacks by 'persons unknown', including the first known worldwide freezing order against persons unknown.
Wills are incredibly important documents, enabling an individual to direct how their assets are to be distributed following their death.
At their best, Wills offer a valuable means of ensuring that a deceased's last wishes are followed. At their worst, Wills can be a source of frustration, argument, and significant cost as families argue over the deceased's 'true' wishes. Katherine Willmott, associate in our Private Wealth team looks at a recent case which highlights the importance of considering legal advice when preparing your Will.
Many commercial contracts contain a term (usually referred to as a 'no oral modification' ("NOM") clause) purporting to prevent the contract from being varied verbally by the parties. NOM clauses typically state that no variations to the terms of the contract will take effect unless set out in writing and signed by the parties.
The name of the act conjures images of people physically restrained and forced into activities against their will. The reality however is that modern slavery offences can be committed in more subtle ways. Nathan Peacey, partner and specialist in regulatory work, considers how it can affect agriculture businesses. In particular, if you are a farmer that engages migrant workers in low paid or piece rate work then care is required to avoid inadvertent offending.
The FCA's article on "Automated investment services – our expectations", setting out the results of an initial review of a sample of firms providing automated discretionary investment management services (7 firms - which at the time represented over half of the firms in the market) or automated retail investment (auto) advice (3 firms), makes very interesting reading.
Welcome to our Spring Intellectual Property Bulletin. It has been an interesting quarter in terms of IP developments. At Foot Anstey, we are especially interested in hearing about the outcome of the CJEU's ruling on the validity of trade marks in the Skykick trade mark case which you can read about below along with our insights on many other recent developments.
A recent UK trade mark opposition case provides a useful reminder of the importance of carrying out trade mark clearance searches before you start to use a trade mark or file for a trade mark application. Charlene Nelson, Chartered Trade Mark Attorney, looks at how issues could be avoided.
Danielle Spalding, associate and property litigation specialist looks at he increase in claims involving farming families over the last few years where the son or daughter brings a claim alleging that their parents have failed to honour promises made to them about passing down the farm. These claims are based on the legal principle of proprietary estoppel.
Companies spend significant resources creating know-how, innovations and trade secrets which make their businesses more competitive and attractive to customers.
As a consequence, companies need to do all they can to prevent the disclosure and misuse of such information. Paul Cox delves into the issue and the practical considerations for businesses.