Monthly commercial law update: Top 5 developments in November

Monthly commercial law update: Top 5 developments in November

Today *drum roll* we introduce a new feature of the Comet blog: a monthly round up of the top 5 most interesting developments in commercial law (as the team here sees it), extracted from our monthly Lexis®PSL Commercial round-up.

Not only that *drum roll continues* we also set out any new statutes and statutory instruments that might also be of interest to commercial lawyers and their clients.


Internet and e-commerce: Court mindful of consumer protection in forum dispute

The recent High Court case of Oak Leaf Conservatories Ltd v Weir and another [2013] EWHC 3197 (TCC), [2013] All ER (D) 281 (Oct) offers some important guidance to businesses offering cross-border services.

A dispute arose as to the making and fitting of various furnishings by the claimant company Oak Leaf which was based in England. The defendants were domiciled in Scotland. The defendants contended the proceedings should be issued in Scotland rather than England.

The court decided that, on the evidence and particularly on the willingness of Oak Leaf to work in Scotland and deal with Scottish planning law, the appropriate forum for the dispute would be the Scottish courts.

Advertising and marketing law: Court of Appeal upholds appeal about Christian advertisement

The Court of Appeal has dismissed by majority an appeal by London Christian Radio and a Christian magazine publisher that wanted to run a radio advertisement about its perceived marginalisation of Christians in the workplace.

In London Christian Radio Limited and another, R (on the application of) v Radio Advertising Clearance Centre and another [2013] EWCA Civ 1495 the Radio Advertising Clearance Authority refused to clear the advertisement on the grounds that it was political advertising.

At first instance, the judge upheld the Radio Advertising Clearance Authority's (RACC's) position. The Court of Appeal held that the term 'political' has a wide meaning and that the advertisement had a political nature. However, Elias LJ produced a dissenting judgment, saying that he would uphold the appeal and did not believe that the advertisement contravened the ban on political advertising because the advertising was not, in his view, seeking to achieve a political end. Permission to appeal to the Supreme Court was refused.

The decision is significant for charities and other bodies which produce advertising which may be considered to be political.

Equality law: Supreme Court upholds rulings that owner of hotel unlawfully discriminated against gay couple

The Supreme Court has ruled in Hall and another v Bull and another [2013] UKSC 73 that a Christian couple who owned a hotel in Cornwall and operated a policy of no unmarried couples

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