Law360, London: A ruling by a the Court of Appeal, which found on 20 January 2025 that Aldi had copied the design of Thatchers' cider packaging, could embolden big-name brands to crack down on supermarket own-label copycats, intellectual property lawyers say.

Autorità Garante della Concorrenza e del Mercato—Antitrust and Coopservice Soc coop arl v Azienda Socio-Sanitaria Territoriale della Vallecamonica—Sebino (ASST) and others, Case C-216/17 sets out in the judgment that contracting authorities must be explicitly identified in either the tender documents or within the framework agreement itself as a potential beneficiary (unless a signatory to the framework). Would an explicit reference mean that authority must be identified by their full name or would ‘local authorities in the UK’ be sufficient? The first preliminary point is that post-Brexit, this case law does not need to be followed by the Court

What is the best value duty? The best value duty (BVD) requires a local government organisation to be able to show that it has arrangements to secure continuous improvement in how it ‘exercises its functions’ or, in other words, how to delivers its work. In practice, this is likely to cover how the organisation balances its budget and provides statutory services, including adult social care and children’s services. The BVD was introduced by the Local Government Act 1999 (LGA 1999). That remains the governing legislation although it has been amended considerably, particularly by the Local Government and Public Involvement in Health Act 2007 (LGPIHA 2007). Much of the guidance about what BVD is and how it should be applied in practice is found not in the LGA 1999 but in statutory guidance, which is issued periodically pursuant to LGA 1999, s 26. Best value replaced compulsory competitive tendering (CCT) which had required local authorities in England and Wales to expose prescribed services to a competitive tendering

IP analysis: Thalia Stowell, Trade Mark Attorney at Womble Bond Dickinson (UK) LLP, discusses the concept of a ‘family’ of brands, what are its characteristics, how a family of brands might be relevant to a claim for trade mark infringement or validity, and what practical steps should be taken to ensure that a family of brands has a strong visual identity.

The 'three-year rule' and why it applies The reforms introduced by the Enterprise Act 2002 (EnA 2002) included the insertion of a new section 283A into the Insolvency Act 1986 (IA 1986) that essentially gives the bankrupt's trustee in bankruptcy (trustee) three years to take the necessary steps to realise or secure the bankrupt's interest in the bankrupt's home (as defined, see below), failing which that interest will cease to be part of the bankruptcy estate and will automatically re-vest in the bankrupt. This provision, commonly known as the 'three-year rule', applies to any person adjudged bankrupt after 29 December 1986 (the date that IA 1986 came into force) on a bankruptcy petition presented on or after that date (see Pannell v Official Receiver), although transitional provisions apply to any bankruptcy predating 1 April 2004. The rationale for the three-year rule was to eradicate the inordinate delays which under the old rules often occurred between the bankruptcy order and the trustee's application

Notable updates to the 10th Edition (published April 2024) include:

The position of an employee on a company's insolvency The general rule is that a contract of employment is between the employer and the employee. This means that due to the personal nature of the contract, if either party changes, the contract in its current form should terminate. However, if this were always to be the case when a company changes its status due to an insolvency occurrence, every contract of employment would automatically terminate. This is not necessarily to the benefit of the employee or the company and so employment contracts can operate differently in insolvency situations. The usual approach taken is that how the employment contract is treated depends on the particular circumstances of the company, including whether it is continuing to trade or not. Contracts of employment are also treated differently depending on the insolvency event, as set out below. Reference should be made to the relevant sections of the Insolvency Act 1986 (IA 1986) set out below. The legal position of employees

Title The 1979 Geneva Convention on Long-range Transboundary Air Pollution Parties 51 parties Location Geneva Adopted 13 November 1979 Came into force 16 March 1983 Subject Transboundary air pollution What is the Convention on Long-range Transboundary Air Pollution? The Convention on Long-range Transboundary Air Pollution (the Convention) was the first international legally binding instrument to deal with problems of air pollution on a broad regional basis. It was created in response to problems in the 1960s and early 1970s concerning the acidification of Scandinavian lakes and a number of studies were published around that time that confirmed the hypothesis that air pollutants could travel great distances before deposition and damage occurred. The Convention, agreed under the UN Economic Commission for Europe (UNECE), was signed in 1979 by 34 governments and the European Community, and entered into force in 1983. It created the key framework for controlling and reducing the damage to human health and the environment caused by transboundary air pollution, and

The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol), which came into force in 2006, was agreed to modernise the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention). The London Protocol is a legally separate treaty to the London Convention, but both have the same subject matter which aims to promote the effective control of all sources of marine pollution and to take all practicable steps to prevent pollution of the sea by dumping of wastes and other matter. The London Convention and the London Protocol promote this in different ways—the London Convention requires that contracting parties issue a permit for the dumping of wastes and other matter at sea, and generally prohibits the dumping of certain hazardous

This Practice Note provides an introduction to key aspects of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Hague Convention). The 2007 Hague Convention is intended to provide a simple, quick and efficient system of reciprocal enforcement of family maintenance between contracting states. Post-IP completion day (11 pm on 31 December 2020), Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the EU Maintenance Regulation) no longer applies in the UK (save in transitional cases) and the 2007 Hague Convention has an increased significance when considering the international recovery of child support and other forms of family maintenance within the EU. 2007 Hague Convention and Brexit From 31 January 2020 (exit day), the UK ceased to be an EU Member State and no longer participated in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided for

ARCHIVED: This archived Market Standards Trend Report looked at the market practice and emerging trends in relation to the directors’ remuneration reporting and shareholder voting regime, which came into force on 1 October

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference summarising the reforms to Part 36 which took place in 2013. These reforms were superseded by further Part 36 reforms which came into effect on 6 April 2015. What are the reforms? A Part 36 working party, headed by David Di Mambro brought in reforms for Part 36 in April 2013. These reforms were limited to those required to work alongside the costs reforms being implemented on 1 April 2013. The new provisions deal with the 10% uplift where general damages are awarded after 1 April 2013. The CPR Committee agreed: • that the new provisions would only apply to offers made on or after 1 April 2013. Consequently, no transitional arrangements were required for the amendments • how the new sanction would apply to applications other than money claim, eg injunctions • how the tapering system would apply to the new sanction Basis for changes from 1 April 2013 Government consultation paper The