Articles and Updates
DISPUTE RESOLUTION UPDATE
Recent case law has examined the meaning of the phrase 'as soon as possible' in relation to notification of potential claims to the insurer.
A trade mark proprietor is unable to prevent a third party from using its trade mark in all circumstances especially if it is being used to communicate a characteristic of a service or good to the public. For instance, a third party can inform the public that it repairs BMW cars or sells products which are better than a particular branded product. Such uses are descriptive.
For over 300 years, transfers of property in England and Wales are required to be in writing. Nevertheless, there are situations where the Courts will uphold claims for property interests on the basis of verbal or written assurances by one party to another. This type of claim is known as 'proprietary estoppel', because once all of the grounds for the claim are established, the property owner is 'estopped' from going back on the promises or assurances they have made.
In this article Emma Facey, senior associate and specialist in inheritance and trusts disputes, looks at a spate of such claims in the farming community over the last few years and they continue to rise.
In this month's bulletin we summarise what has happened in employment law over the last month in our regular in brief article. This includes a fact sheet for businesses on the government's proposed deal for EU citizens post Brexit. We also take a closer look at a case which considers the extent to which employees can be required to disclose plans to compete and a recent tribunal decision which held that a man could claim sex discrimination when his employer paid less for shared parental leave pay than enhanced maternity pay. Read More...
Anna Phillips, legal director, together with James Falle, partner, were pleased to welcome Nicky Jones, Head of Giving and Trusts for the Royal Shakespeare Company to their recent Charities Networking Seminar on grant applications hosted in Foot Anstey's office at Glass Wharf, Bristol last week.
The great majority of property owners will have at least one tree in their ownership or, as many would see it, in their guardianship. Trees are a vital part of both our rural and urban landscapes but they bring with them certain responsibilities and potential liabilities, so it is important to have an awareness of the legal implications of having trees on your land.
Paul Cox, partner in our intellectual property team says that right holders concerned about the importation of counterfeit versions of their products should file an EU wide Customs Notice known as the Application for Action (“AFA”).
Unsurprisingly Brexit was in the limelight at the Public Procurement Global Revolution Conference hosted by Nottingham University. This excellent conference had high profile international speakers from across governments, the Commission, international institutions, academia and the legal profession.
On 12 June 2017 the matter of Re: IH (Observance of Muslim Practice)  EWCOP was decided at the Court of Protection in Leeds.