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Latest TMT News

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

The following Dispute Resolution news provides comprehensive and up to date legal information on No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

TMT weekly highlights—29 July 2021

The following TMT news provides comprehensive and up to date legal information on TMT weekly highlights—29 July 2021

UK accession to Lugano Convention—is the door now closed?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—is the door now closed?

A look at UK’s divergence priorities after Brexit

The following Banking & Finance news provides comprehensive and up to date legal information on A look at UK’s divergence priorities after Brexit

Featured TMT content

The commercialisation of sport

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and...

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Practice notes

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Produced in partnership with 5RB 19th May

In-house

Practice notes

Co-operative and community benefit societies

Co-operative and community benefit societiesWhat is a co-operative or community benefit society?A co-operative society or community benefit society...

19th May

Practice notes

Information society services and e-commerce

Information society services and e-commerceIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

19th May

Practice notes

Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...

19th May

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Brexit

Q&As

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered society grant a power of attorney to a third party to execute documents on its behalf?

Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered...

19th May

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...

19th May

COVID-19

Practice notes

Claiming damages—tort and contract claims compared

Claiming damages—tort and contract claims comparedThis Practice Note serves as a quick reference guide for practitioners comparing the law of damages...

19th May

Practice notes

Rome Convention—introduction and interpretation [Archived]

Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...

19th May

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 19th May

Practice notes

Defamation and social media

The internet and, in particular, social media is a high risk area for defamation litigation. Content posted on blogs, internet forums, online...

Produced in partnership with 5RB 19th May

Practice notes

Copyright in films and television programmes

For the purposes of copyright law the term 'film' means a recording, on any medium, from which a moving image may by any means be produced. A...

Produced in partnership with Greg Ruback of Bristows and Jake Palmer of Bristows 19th May

Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...

19th May

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

19th May

Practice notes

The Office of Communications (Ofcom)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Andrew Sharpe of Orange Business Services 19th May

Practice notes

Prize promotions

This Practice Note examines the law and regulation that applies to operating prize promotions, including prize competitions and free prize draws. It...

19th May

In-house

Most recent TMT clause bank content

Q&As

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006?...

1st Aug

Q&As

When completing a statutory declaration, must the declarant state their home address or is a business address sufficient?

When completing a statutory declaration, must the declarant state their home address or is a business address sufficient?In English law, there are...

Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug

Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

Produced in partnership with Emma Holland of Stewarts Law 1st Aug

Q&As

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 1st Aug

COVID-19

Q&As

Is there any guidance as to the appropriateness of defining ‘Control’ as either (a) in accordance with section 1124 of the Corporation Tax Act 2010, or as (b) the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company?

Is there any guidance as to the appropriateness of defining ‘Control’ as either (a) in accordance with section 1124 of the Corporation Tax Act 2010,...

1st Aug

Q&As

Is it possible to take a statutory declaration by Skype video or similar technology?

Is it possible to take a statutory declaration by Skype video or similar technology?Statutory declarations are a necessary part of insolvency...

Produced in partnership with Philip Patterson of Gatehouse Chambers 1st Aug

COVID-19

Q&As

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

COVID-19

Q&As

Can further education corporations established under the Further and Higher Education Act 1992 validly execute deeds other than under common seal?

Can further education corporations established under the Further and Higher Education Act 1992 validly execute deeds other than under common seal?A...

31st Jul

Q&As

Where a contract prevents one party (A) from soliciting the employees of the other party (B) for a period of 12 months following the termination of the contract between the parties, is this effective to prevent the solicitation of an ex-employee of (B) who left (B) five months ago and is working independently and an ex-employee who has left B and set up as a consultant through a service company?

Where a contract prevents one party (A) from soliciting the employees of the other party (B) for a period of 12 months following the termination of...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 31st Jul

Q&As

Does a guarantee have to be executed as a deed?

Does a guarantee have to be executed as a deed?No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an...

31st Jul

Q&As

Do you have any Precedent wording whereby the customer contracting entity is part of a wider group and is contracting to allow the group entities to use the services, and be allowed to claim for losses sustained by the group entities?

Do you have any Precedent wording whereby the customer contracting entity is part of a wider group and is contracting to allow the group entities to...

31st Jul

Q&As

One of the documents in my transaction has not been witnessed. What should I do?

One of the documents in my transaction has not been witnessed. What should I do?If a document has not been witnessed, check first whether it was...

31st Jul

Q&As

Is a contract between a company and a third party which is entered into in breach of the company’s articles of association enforceable?

Is a contract between a company and a third party which is entered into in breach of the company’s articles of association enforceable?This Q&A deals...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 31st Jul

Q&As

Can an employer rely on a general IPR indemnity not to infringe third party IPR against the contractor, when they directed the contractor to breach the patent?

Can an employer rely on a general IPR indemnity not to infringe third party IPR against the contractor, when they directed the contractor to breach...

Produced in partnership with Shobana Iyer of Swan Chambers 31st Jul

Q&As

When administering an oath, do I have to verify the deponent’s identity?

When administering an oath, do I have to verify the deponent’s identity?Rules and guidance from the regulators on this point are thin on the ground,...

31st Jul

Q&As

Where an attorney is purporting to execute on behalf of a number of principals, is it essential (as opposed to merely good practice) for there to be multiple execution blocks or is it sufficient for the attorney to execute once only but make it clear in the execution block that he/she is doing so as attorney for multiple principals?

Where an attorney is purporting to execute on behalf of a number of principals, is it essential (as opposed to merely good practice) for there to be...

31st Jul

Q&As

I've just noticed that an executed document has the wrong date on it. What should I do?

I've just noticed that an executed document has the wrong date on it. What should I do?The first thing you need to do is insert the correct date in...

31st Jul

Q&As

Can a manager who is not a director sign a simple contract on behalf of a company? If so, what is required to show authority to sign?

Can a manager who is not a director sign a simple contract on behalf of a company? If so, what is required to show authority to sign?As noted in...

31st Jul

Q&As

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]’?

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action,...

31st Jul

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Latest TMT News

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

TMT weekly highlights—29 July 2021

UK accession to Lugano Convention—is the door now closed?

A look at UK’s divergence priorities after Brexit

Featured TMT content

The commercialisation of sport

TCC—preparing for and attending a pre-trial review (PTR)

Mediation—advantages and disadvantages

Defamation—defences

Most recent TMT clause bank content

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Standard Commercial Property Conditions (Third Edition—2018 Revision)

Fraud by false representation

False imprisonment

Tort—the different types of tort

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