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….
Toby Headdon considers the availability and scope of injunctions against online intermediaries following recent judgments in L’Oreal v eBay and Twentieth Century Fox v BT…
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The government has published its response to the Hargreaves Review and has also published its plans for implementation of the Digital Economy Act 2010 and an Ofcom report on the practicality of site blocking…
Thoughts on Twentieth Century Fox v BT…
Arnold J has made an order under the CDPA 1988 requiring BT to block access to Newzbin…
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The Court of Appeal has given judgment in this case. The verdict: a win for the NLA and the newspapers….
Read More… from NLA v Meltwater: Court of Appeal Judgment Handed Down
Phone hacking and e-disclosure are dominating the news at present. E-disclosure specialist, Mike Taylor reviews the high profile News International dramas and draws out a few lessons, for the Murdochs and others. His title is taken from James Murdoch’s evidence to the Culture, Media and Sport select Committee….
Read More… from ‘I cannot comment on why the terms and the scope were what they were’
We all need to remind ourselves from time to time about key skills that we take for granted…
The Court of Justice of the European Union has given judgment in the long-standing dispute between L’Oréal (and various subsidiaries) and eBay (and some of the sellers on eBay), concerning the sale, without L’Oréal’s consent, of L’Oréal products on the online marketplace operated by eBay. It is bad news for eBay but it may have much wider implications….
Kit Burden and John McKinlay review current market practice on limitation of liability and raise some fundamental questions about widely accepted arguments and the ‘standard’ drafting that too often goes unquestioned….
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