ArticlePink Floyd Come Out from the Dark Side of the Moon in Royalties DisputePink Floyd have taken the crown in their recent royalty dispute with record company EMI.United KingdomIntellectual PropertyMacRoberts
ArticlePortable Computer Devices And Personal Data Loss Go Hand In Hand – As Surely As Night Follows Day!The launch of a new form of encryption involving the use of what has been highlighted as an unbreakable system has ironically come at a time when the Ministry of Defence begins its investigation into the loss of an un-encrypted computer hard drive containing the personal data of up to 1.7 million people who had made enquiries about joining the armed forces. United KingdomIntellectual PropertyMacRoberts
ArticleShe Shoots, She Scores: Pub Landlady's Victory Over Premier LeagueThe preliminary ruling given by the European Court of Justice ("ECJ") earlier this month in relation to broadcasting rights has enabled pub landlady Karen Murphy to move one step further in her battle against the Premier League. United KingdomIntellectual PropertyMacRoberts
ArticleA Warning To Anyone Involved In Debt RecoveryIn a troubled economic climate resulting in a boost in debt recovery, the recent English case of Ferguson v British Gas Trading Limited [2009] EWCA Civ 46 provides a warning to those involved in debt collection. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleAdjudicator Not Entitled To Fees Where Decision Is UnenforceableThe Court of Appeal in England has overturned the recent Technology and Construction Court (TCC) decision in relation to adjudicator's fees.United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleBusiness Common Sense Should Prevail Says Supreme CourtWhere there are two possible ways to interpret a contract, the court is entitled to prefer the interpretation which is consistent with business common sense. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleCourting ´Supreme´ Justice?In recent years, there have been repeated calls for the creation of a new free-standing Supreme Court which separates the highest appeal court from the House of Lords, which is currently the last possible avenue for appeal in the UK for many court cases. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleDamages For Wrongful Interdict? Considering Interim Interdict? Proceed At Your Peril!The Inner House recently considered damages for wrongful interdict after interim interdict was granted based on deeds which were retrospectively amended.United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleFreedom Of ChoiceLitigation can be expensive. Many litigants are increasingly turning to legal expenses insurance to fund their legal costs. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleInsurance Gender Agenda OutlawedToday the ECJ issued a landmark ruling in a case brought by the Belgian consumer group, Association Belge des Consommateurs Test - Achats ASBL and others against the Belgian Government. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticlePersonal Guarantees – Be Aware!National House Building Council (NHBC) v John Penman and Elizabeth Penman [2014] CSOH 120 considered whether the owners of JAD Homes Ltd (JAD) were liable for payment to the NHBC for costs incurred carrying out remedial works to defective properties and for compensation payable to the proprietors for the delayUnited KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticlePremium Price Paid for Material MisrepresentationThe Court of Appeal at the Court of Session recently required to consider in the case of "William Mitchell v Hiscox Underwriting Limited and Another" whether an insurance policy could be avoided where an insured declared that he had a no claims bonus which did not, in fact, exist and where that information only affected the premium, not the decision to enter into the contract. United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleProfessional Negligence Claims - Remote Or Recoverable?In the case of Wellesley Partners v Withers LLP [2015], M Wellesley Partners LLP instructed solicitors firm, Withers LLP, to draft a limited liability partnership agreement to allow the admission of a number of new partners in a bid to boost their capitalUnited KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleSurveyors 1: Lenders 0Santander (as successors to the rights and claims of Girobank) raised a court action for breach of contract against Allied Surveyors Scotland Plc on 20 November 2008 in relation to losses suffered following an allegedly negligent valuation carried out by Allied.United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleTruce Talks - Is There An App For That?Earlier this week, Apple's CEO Tim Cook and Samsung's CEO Choi Gee–Sung met in San Francisco to explore ways to settle their differences.United KingdomLitigation, Mediation & ArbitrationMacRoberts
ArticleAnother Day, Another Data Breach, But A £120,000 Fine!Many people will be familiar with the mistake of sending an email to the wrong recipient, but today, Surrey County Council is faced with the financial consequences of making the mistake of emailing sensitive personal data. United KingdomMedia, Telecoms, IT, EntertainmentMacRoberts
ArticleApple May Have To Put Its Hands Up Over A Face-Saving IssueWith the recent launch of the new iPhone 5, all eyes are on Apple. The company is well known not only for its technological advances, but also for frequent controversies over patent rights. United KingdomMedia, Telecoms, IT, EntertainmentMacRoberts
ArticleBribery Penalties Reach Record LevelsTechnip, a leading worldwide engineering and construction company, has agreed to pay $338 million to avoid US prosecution and settle civil claims in relation to charges for conspiracy and violation of the US Foreign Corrupt Practices Act 1977 ("FCPA"). United KingdomMedia, Telecoms, IT, EntertainmentMacRoberts
ArticleGoogle vs. Privacy: "Are The Italians About To Shoot The Messenger?"We have an undeniable insatiable appetite for content in almost any media. The internet has been a primary player and driver in our attempt to quench our thirst. United KingdomMedia, Telecoms, IT, EntertainmentMacRoberts
ArticleGuidelines For Protection Of Privacy OnlineIn pursuance of its duty to promote good practice under the Data Protection Act (DPA), the Information Commissioner's Office (ICO) has published a new Code which contains numerous "do’s and don’ts" for the processing of personal data gathered online. United KingdomMedia, Telecoms, IT, EntertainmentMacRoberts