Commercial analysis: A claim which was launched against an online marketplace in August in the English High Court had the potential to test the boundaries of the UK’s current civil liability regime for defective products and, specifically, how the Consumer Protection Act 1987 (CPA 1987) applies to online marketplaces. However, it has been recently reported that this claim has been settled at an early stage. Written by Andrew Austin, partner, James Raeside, partner, Kristina Weiler, partner, Harriet Hanks, counsel, Rachel Duffy, senior associate, and Alexandra Yang, trainee associate, all at Freshfields. They explore the challenges that such claims face under current UK legislation, compare how such cases have been approached to date in the EU, and look at how the UK rules may change in future.

Private Client analysis: This unusual widow’s claim for reasonable financial provision from her late husband’s estate did not challenge the provisions of the Will itself. Rather it was a complaint about the identity of the trustees of the Will Trust, and the poor relations she had with one of them (her daughter) and whom she argued could and might deprive her of trust income where she claimed an annual income shortfall. An attempt earlier in the proceedings to amend the claim to include an order for new trustees had failed. At trial the widow sought an order which either gave her a fixed minimum income from the trust to meet her shortfall or amended the trust terms to effectively replace the trustees. The court dismissed her claim. There was no income shortfall given the surplus capital available to her. The judge considered the proper application of Duxbury calculations in Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claims and the power of the court to remove trustees. Written by Hilary Messer, senior associate solicitor contested probate at Gardner Leader LLP.

Restructuring & Insolvency analysis: The High Court held that the inaction of around 2,200 ‘passive customers’, affected by the sale of the assets and business of a cryptocurrency exchange, constituted consent to the novation of their contracts from the seller to the purchaser. Through reaching this position, the court has provided a means for business owners, directors and liquidators to progress the sale of a business or the distribution of a company’s assets where a substantial number of the company’s contractually bound customers or investors fail to engage in the process. Written by Stephan Venter, senior associate, Stephen Alexander, solicitor, and Ben Meggitt-Smith, trainee solicitor from Mourant Ozannes (Jersey) LLP.

PI & Clinical Negligence analysis: Coming in at a hefty 135 pages, His Honour Judge Roberts delivers a veritable smorgasbord of learning points for clinical negligence practitioners covering breach, factual causation, medical causation and quantum. The standout feature of the case is the consideration of informed consent in the context of novel complex surgery carried out by consultant surgeons inexperienced in the procedure. Practitioners are likely to take particular interest in the analysis of a wide range of breach issues orbiting consent and the judicial approach to the assessment of the medical professionals’ credibility. Written by Philip de Berry, counsel at 9 St John Street Chambers.

CASE HUB NOTE—appeal lodged before the General Court in T- 680/20 ARCHIVED—this archived case hub reflects the position at the date of the decision of 1 October 2019; it is no longer maintained. See further, timeline and related cases. Case facts Outline European Commission merger investigation into the proposed acquisition by Novelis Inc. of Aleris Corporation (Case M.9076). The transaction involved overlaps in markets for the supply of various semi-finished aluminium products. Latest developments On 1 October 2019, the Commission cleared the transaction subject to commitments. To address to Commission’s concerns, the parties offered to divest Aleris’ aluminium automotive body sheets business in Europe. Parties Novelis Inc (Novelis) is a global manufacturer of semi-finished aluminium products. It is headquartered in Atlanta, Georgia, USA. Novelis operates 24 manufacturing facilities across North America, South America, Europe and Asia. Novelis is a subsidiary of Hindalco Industries Limited, an Indian-based supplier of aluminium and copper. Aleris Corporation (Aleris) is a global manufacturer of semi-finished aluminium products. It is headquartered in Cleveland, Ohio, USA. Aleris operates 13 production facilities

A patent will only be granted where the invention is new.

MLex: Novo Nordisk can legally block more than 130 websites selling counterfeit versions of its blockbuster weight loss drug, along with other illicit medical devices, a UK judge ruled on 12 June 2026. The company was also granted the ability to institute accelerated orders against any similar websites which infringe the company’s intellectual property in the same way.

From 13 October 2014, HMRC no longer requires personal representatives (PRs) to complete a form R27 (Reclaiming tax or paying tax when someone dies).  According to HMRC, they no longer require PRs to provide such detailed information in order to work out how much tax needs to be repaid or collected because they intend to make better

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. The Consumer credit sub-topic contains many Practice Notes covering the new regime which should assist you. Below we have provided a summary of the content we hold on this subject, in particular directing you to materials which provide a good overview of the new regime and

In deciding whether the English courts had jurisdiction to hear an IP dispute before the end of the transition period, the courts would apply Regulation (EU) 1215/2012 (Brussels I (recast)) (or the Lugano Convention) if the defendant was based in the EU or the European Free Trade Association (EFTA). The court would apply its common law rules to establish jurisdiction if the defendant was based outside the EU and EFTA. After the end of the transition period, the English court applies its common law rules to establish jurisdiction irrespective of where the defendant is based. The position has therefore changed for cases against UK/EU/EFTA-based defendants, but remains the same for defendants based in other jurisdictions. Under Brussels

In short, there has been no guidance in relation to the presumption not applying, and there has been only one case in respect of it applying. Section 24(1A) of the Trade Marks Act 1994 (TMA 1994) is designed to comply with Article 22(2) of Directive (EU) 2015/2436, the EU Trade Mark Directive, which reads: ‘A transfer of the whole of the undertaking shall include the transfer of the trade mark except where there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual obligation to transfer the undertaking.’ However, there is a subtle difference in the wording of TMA 1994, s 24(1A), which refers to a ‘contractual obligation

NuGeneration Limited: A UK nuclear company that had been taking forward plans to build 3 AP1000 reactors at Moorside adjacent to the Sellafield complex in West Cumbria. Until July 2017 NuGen was a joint. venture between Toshiba and Engie. Following the exit of Engie Toshiba announced in December 2017 that KEPCO was its preferred bidder for the acquisition of NuGen.