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Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud
05 July 2018
One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.
Google vs Header - Bidders from the perspective of publishers
28 November 2016
Google’s domination of the technology behind serving adverts onto websites continues to grow. But the relatively new and fast growing header bidding technology may just disrupt that. Should Google be worried? And what is best for publishers?
Voulez-vous retoucher moi? New French law on retouching advertising images of models
03 July 2017
From the beginning of 2017, French law has required the inclusion of the words “Photographie retouchée” on any photos used in a commercial context (such as advertising) in which the body shape or silhouette of a model has been adjusted using image processing software.
Calculating holiday pay new ET decision on voluntary overtime
23 August 2016
Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.
Brands using vloggers transformed from poachers to be gamekeepers by the FTC
15 July 2016
On Monday 11 July 2016, the United States’ Federal Trade Commission (FTC) published news of its draft settlement agreement with Warner Bros. in connection with their vlogging campaign for the launch of the video game “Middle Earth: Shadow of Mordor” in September 2014.
China's new "R Visa" for high-level talent
01 February 2018
Effective from January 2018, the new “R visa” now allows successful applicants multiple stays in China of up to 180 days per visit, with a validity of up to 10 years.
The British National (Overseas) visa scheme and migration from Hong Kong to the UK
01 July 2020
On 1 July 2020 the UK government announced its commitment to establish a new visa scheme for all British National (Overseas) persons and their dependants. This will provide a readily available opportunity for millions of residents of Hong Kong to move the UK far more easily than those routes currently open to them.
Company held liable for managing director’s violent conduct
18 October 2018
The Court of Appeal (“CA”) has ruled that a company was vicariously liable for the violent conduct of its managing director in physically attacking one of his employees at a Christmas party, leaving him severely disabled.
Sports Q&A – Political and religious views of sports stars - balancing contractual restrictions with human rights
01 June 2018
Sports personalities are often subject to sporting rules that restrict their ability to make political statements or promote religious ideology when competing. Furthermore, contractual provisions can also mean that statements made in their personal capacity while off duty, for example on social media, can lead to disciplinary action or worse. Can such restrictions be challenged on the basis of human rights? Does it make a difference if the athlete genuinely holds the views (e.g. because of religious or cultural beliefs)?
Can victims of sexual harassment choose to stay anonymous?
28 May 2024
A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases. In this case, the Respondent’s application to set aside an Anonymity Order in favour of the Claimant was granted, sending a clear message that anonymity in sexual harassment claims is not automatic and must be properly obtained.
Vexed vexillologists: New battleground on Amazon listings (Brands & IP Newsnotes - issue 6)
12 October 2017
The UK’s Intellectual Property Enterprise Court recently found in favour of a brand whose Amazon listing had been high-jacked by a competitor. In very simple terms, manufacturers can create listings for their products on Amazon. Third parties can then add themselves to those listings, and whoever offers the cheapest price is automatically presented as the seller.
Sherlock Holmes and the case of the vanishing director
30 August 2016
Any good director knows that they have a duty to act in accordance with the company's articles of association. These dictate how directors should be appointed and removed, how shares are transferred and how key decisions should be made. Yet real life isn’t always that neat in practice. So what happens if a company discovers that it has invalidly appointed directors over the past twelve years? A recent judgment tells us that company articles can be amended by conduct – but warns that your articles can still come back to bite you in the end.
Service of a claim form on an agent - was it valid?
22 June 2017
In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
Kylie v Kylie (Brands & IP Newsnotes - Issue 2)
28 March 2016
It isn’t often that trade mark oppositions receive mainstream media attention. Kylie Minogue has bucked that trend by filing an opposition to reality TV star Kylie Jenner’s trade mark application for ‘Kylie’ in the US.
Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club
24 August 2016
The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.
Clash of the Titans: Google v Uber (Brands & IP Newsnotes - issue 5)
23 June 2017
In February, Waymo, part of Google’s parent company, sued Uber for theft of confidential information. Allegedly, a former employee of Waymo, who had been a key part of Google’s driverless car initiative, took 14,000 files and then shortly jumped ship to start up his own autonomous vehicle company. A short time later, Uber acquired the start-up for $680 million.
The Sky’s the limit? Sky v SkyKick referred to CJEU (Brands & IP Newsnotes - issue 7)
23 April 2018
In the latest instalment of Sky v SkyKick, the UK High Court has referred several questions to the CJEU relating to trade mark validity, requesting guidance on the limits of bad faith when a mark lacks clarity and precision.
Nando’s v Fernando’s – a peri peri good idea? (Brands & IP Newsnotes - issue 7)
23 April 2018
The well-known high street chicken restaurant, Nando’s, has attracted legal and national headlines in its pursuit of ‘copycat’ restaurant, Fernando’s, based in Reading.
SFO V ENRC: Landmark privilege decision by Court of Appeal
10 September 2018
The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision.
SFO v ENRC landmark privilege case: no appeal but the story continues…
10 October 2018
The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.