Walking Away Revisited

Paul Gershlick and Simon Weinberg consider the High Court judgment in AstraZeneca v Albermarle, which considered deliberate breach of unprofitable contracts and looked hard at NetTV v MARHedge. The judgment also touches on the right of first refusal and whether rights are waived while negotiating following material breach and is an example of a very narrow interpretation of a limit on liability clause….

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Targeted Marketing: Give Me (Opted-in) Football Fans

A High Court judgment on a sponsorship deal gives some interesting insights into the real world of harvesting e-mail addresses and mobile numbers for targeted marketing. Mr Justice Walker considers the practical meaning of ‘opted-in’ and deals with the endearing claim that 250,000 SMS messages are ‘sent’ even if there is no real notion of them being likely to be received….

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