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The Latest Law Articles and News
The Lawdit reading room is an up to date news resource containing legal news from around the world. Relevant, witty and up to date.
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Case Watch Law Articles
Trafigura back in court after marathon UK outing, this time being fined one million euros for the illegal dumping of toxic waste in Ivory Coast, alleged to have caused injury.
Internet - the wild wild world wide web, or can it be tamed? Raoul Moat, Jonathon Ross and TalkSPORT's Jon Gaunt.
Internet rights organisation mounts legal challenge on Turkish court gag over YouTube and proxy access.
Mrs Justice Mary Hogg rules Pakistani mother was taken away by force from the UK and her 2 month old prematurely born baby, and deliberately stranded without her documents at her parent's house in Pakistan.
It has been reported this week that a claim for trade mark infringement has been brought by Asics America Corp against Skechers USA Inc.
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Trademarks Law Articles
Discount German supermarket chain Aldi has been on the receiving end of a claim of false advertising.
An important decision on the use of trade marks as keywords has been released by the ECJ.
Football fans cannot have failed to have noticed the women ejected from the Holland v Denmark World Cup match last month.
A rather unfortunate tourist in Italy has been on the receiving end of a E1000 fine after purchasing a counterfeit Louis Vuitton handbag.
Union Carbide - Bhopal diasaster, and why from a trade mark perspective liability may stretch to the top.
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Commercial Law Articles
Fundamentalmente, se realiza un breve resumen sobre las consecuencias de la introduccion de la fase preconcursal.
A brief outline of the heads of terms used in most commercial property transactions, the advantages and disadvantages and some tips on how to use them effectively.
Considering buyer or selling a business? If so there are a number of considerations which must be taken into account.
A must read if you are considering transferring a commercial lease or business tenancy and some hints if you have a difficult landlord!
A look at the recent Court of Appeal case of New Look Retailers Limited v The London Fire and Emergency Planning Authority, and the implications of breaching the fire safety regulations
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Information Technology Law Articles
A look at the law that applies to contracts entered into via email and specifically the case of Graeme Grant v. Russell Bragg [2009]
The BBC reported this week that Next were in breach of the statutory right to return as enshrined in the Distance Selling Regulations.
First point of call is the introduction of the the E-commerce Directive. Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. The United Kingdom implemented the E-commerce Directive by the Electronic Commerce (EC Directive) Regulations 2002
According to a draft code published by Ofcom small ISPs, some Wi-Fi providers and mobile operators will be exempt from the notification and blacklisting process under the Digital Economy Act.
ICANN the body that controls the .com and top level domains announced this week that it will begin the process of registering .xxx by making checks on ICM Registry, the company that wants to run the domain and sell registrations
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Patents/Designs Law Articles
Once liability has been established in favour of the patent owner, the patent owner has a choice of whether to recover his lost profits (compensatory) or an account of the infringer's profits (restitutionary).
In summary, a patent licence enables a third party to exploit an invention, giving that third party the legal right to manufacture, use, sell or import the patented invention.
The High Court in the case of Numatic International Ltd v Qualtex UK Ltd [2010] EWCH 1237 (Ch) has recently given a judgment involving Henry the vacuum cleaner.
A brief look at the issues raised in the case of Monsanto v Cefetra relating to Article 9 of the Biotech Directive
Primary patent infringement in the UK arises where a third party engages in the acts prohibited under section 60 (1) of the Patents Act 1977.
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Copyright Law Articles
It has been reported that officials in the USA have continued their crackdown on online copyright infringement by closing down nine websites.
So how has copyright law been shaped and where does it originate from?
Despite the introduction of the draft Code from OFCOM and the Digital Economy Act 2010, more lawyers are apparently jumping on the 'cash cow' that is the file sharing campaigns first started by Davenport Lyons, and then ACS law.
As the battle between music copyright owners and illegal file sharers continues, a third party has entered its hat into the ring. The ISP.
There is no official statutory provision offering 'in the public interest' as a defence to copyright infringement. However can it be used?
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Media Law Law Articles
Jon Gaunt the 'shock jock' surprisingly lost his appeal against the regulator OFCOM. Gaunt was dismissed by TalkSport over an interview in November 2008. Along with liberty Gaunt took legal action against Ofcom, claiming its decision breached Article 10 of the European Convention on Human Rights and was an unlawful interference with his freedom of expression.
Ofcom have released rules relating to the newly introduced product placement on UK tv.
The 'shock jock' Jon Gaunt launched a legal action this week against OFCOM. A decision is due next week
Wayne's lawyers have issued a warning to potential stockists not to sell the latest biography of the great man
Every media organisation is in need of a crach course in data and how to process and manage its data requirements.
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Litigation Law Articles
Road Traffic Accidents
Personal injury and whiplash claims
Review of personal injury and referral system
New CPR rules in relation RTA PI claim examined
Settlement Orders explained.
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Employment Law Law Articles
If you are to dismiss an employee you need to make sure its lawful and you follow the correct procedure. If not then any award will be significantly increased.
Having an employee who is a long term sickness absentee can be a huge problem
The Code is important because if the Employer fails to comply extra compensation may be awarded
In a recent survey of more than 1,000 employers, the Chartered Institute of Personnel Development discovered that only 10 per cent of employers had developed or begun to develop a policy to manage staff absence during the World Cup.
A popular method of preventing potential claims reaching the employment tribunal is by way of a compromise agreement.
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Consumer Law Law Articles
Section 94 of Consumer Credit Act 1974 consumers have a right to discharge the full debt.
This article takes a look at default notices and arguments that the credit agreement is unenforceable under section 127(3) Consumer Credit Act 1974.
This article is a brief note on the recent Southern Pacific Securities -v- Walker & Anor [2010] UKSC 32 where the consumer appealed the Court of Appeal's decision.
Brooks v Northern rock (asset management) plc (formerly northern rock plc) concerned a challenge by the claimant that their loan agreement is unenforceable under the Consumer Credit Act 1974.
This case concerned an appeal of the County Court's decision in which it was found that a regulated agreement did not contain breaches of schedule 6 to the Consumer Credit (Agreements) Regulation 1983 and which therefore was not improperly executed under section 61(1) of the Consumer Credit Act 1974 and unenforceable under section 127(3) of the same Act.
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