Legal News

Commercial weekly highlights—16 September 2021

Published on: 16 September 2021
Published by: LexisPSL
  • Commercial weekly highlights—16 September 2021
  • In this issue:
  • Agency
  • Court of Justice confirms downloaded software with perpetual licence is ‘sale’ of ‘goods’ under the Commercial Agents Directive (The Software Incubator Ltd v Computer Associates UK Ltd)
  • Contracts
  • The relationship between contractual termination and repudiatory breach (Digital Capital Ltd v Genesis Mining Iceland)
  • Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc)
  • Consumer protection
  • Court of Justice clarifies maritime passengers’ rights (Irish Ferries Ltd v National Transport Authority)
  • Jurisdiction challenge—cross-border fatal claim arising from clinical negligence (Flowers and others v Centro Medico Salus Baleares SL and another)
  • More...

Article summary

This week’s edition of Commercial weekly highlights includes: analysis of the Court of Justice ruling in The Software Incubator Ltd v Computer Associates UK Ltd that software delivered electronically does constitute a sale of goods for the purposes of the EU Commercial Agents Directive, an analysis of the judgment in Digital Capital Ltd v Genesis Mining Iceland concerning the relationship between contractual termination rights and repudiatory breach, analysis of the Court of Justice decision in Irish Ferries Ltd v National Transport Authority concerning maritime passenger rights and analysis of the judgement in Local Boy’z Ltd v Malu NV which addresses who is responsible for ensuring compliance with EU and UK regulatory standards of hastily procured PPE, plus the latest news including a public consultation on the UK’s data protection regime, the action from the CMA which has led to a developer’s commitment to remove lease terms doubling ground rent, the CMA guidance on improving coronavirus (COVID-19) PCR testing market, a new code of conduct for influencer marketing and the State of the Union 2021 speech from the President of the European Commission. or take a trial to read the full analysis.

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