Artificial intelligence (AI) is constantly evolving and improving. While it is impossible to predict what new AI tools might be developed in the months and years to come, there already exist a huge number of ways that AI might be used (see Practice Note: Artificial intelligence—intellectual property, in particular section: Uses of AI in the IP field) by brand owners to protect and enforce their trade marks. AI needs to be approached with caution—too much trust in an AI tool, or too little human oversight, is likely to lead to mistakes being made. This is especially important if there is a training phase of the AI or large language model tool. Below are some examples of types of AI tools that already exist and could help brand owners protect and enforce their trade mark rights throughout their lifespan. Clearance searches Prior to adopting a trade mark, it is best practice to carry out ‘clearance

At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter). However, cases decided by the Court of Justice of the European Union (CJEU) are not regarded as ‘foreign’ authorities for the purposes of citation by advocates in English courts. The Practice Direction (citation of authorities) issued by the Lord Chief Justice makes clear that the citation of cases decided in the CJEU (as it now is) follows the same rules as domestic decisions, because of the status in English law of such authority by virtue of section 3 of the European Communities Act 1972 (ECA 1972) (as amended). Foreign language working of the CJEU The complication arises where the CJEU has issued its decision only in a language or languages other than English. The CJEU is comprised of two courts:

The Commonwealth Games will be held in Birmingham from 28 July 2022–8 August 2022. Like the London Olympics of 2012, the organising committee of the Commonwealth Games (OC) has a number of legal tools at its disposal under the Birmingham Commonwealth Games Act 2020 (BCGA 2020) (and related legislation) to combat ambush marketing during the Birmingham Commonwealth Games. If you are looking to advertise during the Birmingham Commonwealth Games, you should consider these laws and any guidance issued by the OC. How do I combat ambush marketing generally? For more detailed information on combatting ambush marketing (or parasitic marketing) see Practice Note: Ambush marketing which sets out details of how you should formulate a strategy and other tips, such as: • not relying solely on event organisers to combat ambushes • being aware of the need to monitor online ambushes • reacting proportionately to any ambushes • ensuring that any action which is taken against ambushes does not result in bad publicity • imposing restrictions

If the landlord’s title is registered and subject to a charge restricting dispositions, then there should be a restriction in the proprietorship register of the title prohibiting any disposition without the consent of the chargee. The

Independent review Advertisers, complainants or broadcasters who have been party to a final ruling of the Advertising Standards Authority (ASA) Council or an ASA Council decision not to further investigate a complaint beyond initial assessment may use the independent review process. See here for further information. Grounds for an independent review A request for a review of a final ruling of the ASA Council can be made to the Independent Reviewer within 21 calendar days of being informed of the ASA Council decision only if the following situations apply: • where additional relevant evidence becomes available which could not reasonably have been provided during the course of the investigation (with an explanation as to why it was not possible to have submitted the additional evidence previously); or • where it is alleged that there is a substantial flaw in ASA decision; or • where it is alleged that there is a substantial flaw in the investigation process by which that decision was made The application for an independent

Firstly, it would be prudent to look at the terms of the pre-action disclosure order to see if it mentions anything regarding enforcement. For an example order, see Precedent: Order for pre-action disclosure. Effect of non-compliance Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8)—see Practice Note: Case management—compliance. Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance. Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings. Conversely, effective and efficient case and costs management can minimise the time and costs of resolving a dispute and also enable more court users to access

Why would my client want to leave existing security and guarantees in place? On a refinancing, all indebtedness of a borrower being refinanced (Refinanced Indebtedness) is repaid, unutilised commitments cancelled, and all related credit support (guarantees and security) in respect of the Refinanced Indebtedness falls away by operation of law, or (more often in practice) is otherwise released. This enables the borrower and credit support providers to grant fresh credit support to the incoming lender or lenders, or its or their agent or trustee. However, a borrower would often prefer to be able to leave in place the existing credit support arrangements, in order to save the time and expense of creating and perfecting new credit support arrangements. Incoming lenders also benefit from such an approach, as they may be able to take advantage of ‘hardened’ arrangements which were put in place prior to the commencement of the suspect period. For more information on hardening periods and claw-back risk, see Practice Note:

What is a penalty clause? A penalty clause is a liquidated damages clause which the court will not enforce on the basis that the provision is excessive and as Clarke LJ stated in Makdessi 'where the amount to be paid or lost is out of all proportion to the loss attributable to the breach'. Liquidated damages clauses which are a genuine pre-estimate of the loss caused by the breach, or clauses requiring a defaulting party to pay sums already due (but unpaid) on termination following an event of breach will not be penal and so are enforceable. Our Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses considers in more detail liquidated damages clauses and when such clauses may be found to be unenforceable as being a penalty clause. This issue

Companies House has issued guidance to customers saying that where online filing is not available for certain forms, companies should proceed with paper filing by sending the form(s)

Price and payment provisions Price and payment provisions in business-to-business contracts are often interlinked. They typically cover a range of issues such as: • how prices are determined, eg price list, rate card, subscription fee, unit price, time and materials, or fixed price • additional costs, such as packaging, transport, delivery and insurance costs • invoicing currency including, where applicable, the exchange rate mechanism • time allowed for payment • interest on late payment, and • payment disputes For further information on price and payment clauses, see Practice Note: Price, payment terms and interest and for information on VAT in the context of commercial agreements, see: VAT contract review—overview. Also consider: • Precedent: Template agreement—mutual and associated Drafting Notes • Drafting and negotiating a price clause—checklist • Drafting and negotiating a payment clause—checklist Negotiating price variation (or price adjustment) clauses When approaching commercial contracts for the supply of goods or services, especially where the supply

You are at risk of being targeted by fraudsters who may seek to become an employee. These are known as infiltrators. Your firm could be more vulnerable to infiltration and exploitation by criminals if you do not have the appropriate level of vetting relevant to a particular role in place. You should therefore first consider your approach to vetting staff. In particular: • staff in higher-risk roles should be subject to more thorough vetting • temporary staff in higher-risk roles should be subject to the same level of vetting as permanent members of staff in similar roles • if you use employment agencies, you should take steps periodically to satisfy yourself that the agency is adhering to the agreed vetting standard • how frequently you refresh your screening during the course of the appointment Vetting There are various methods of vetting to consider, including: • applicant declaration • references • criminal record checks • qualifications and regulatory record checks, and • online tools Applicant declaration You may wish to include

Law firms are increasingly falling prey to scams that either take money from the firm’s client account or trick staff into transferring money into a fraudulent account. The following cyber threats are involved with this type of scam: • malware • voice phishing (vishing) and traditional phishing • bogus firms Malware A firm’s online system may be accessed through malicious software (commonly known as malware) being downloaded from unsolicited emails. Spam, which consists of unsolicited bulk emails, is frequently used to spread malware; see Practice Note: A–Z of law firm cyber threats. Having accessed a firm’s online system, it may be possible for cybercriminals to intercept emails between firms and replace them with their own, in an attempt to access the client account or divert payments into their own account. To avoid the risks arising from malware, the SRA recommends you: • ensure your firm has up-to-date malware protection • adopt systems that eliminate the need for data sticks and minimise the need for email attachments;