Results: 99

• SIA Maxima Latvija v Konkurences padome

  26 Nov 2015 (Case C-345/14); EU:C:2015:784; [2015] Bus LR 1565; [2015] WLR (D) 483, ECJ

  Subsequent citations: 8.
  COMPETITION — Restriction or distortion of competition — Anti-competitive agreement

  EUROPEAN UNION — Reference for a preliminary ruling — Competition
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  Case index catchwords

  COMPETITION — Restriction or distortion of competition — Anti-competitive agreement — Commercial lease agreements — Clause in agreements giving anchor tenant right to prevent lessor letting premises to third parties — Whether object of agreement restriction of competition — Whether having “effect” of preventing, restricting or distorting competition — FEU Treaty, art 101(1)FEU

  EUROPEAN UNION — Reference for a preliminary ruling — Competition — Article 101(1) TFEU — Application of analogous national legislation — Jurisdiction of the Court — Concept of ‘agreement having as its object the restriction of competition’ — Commercial lease agreements — Shopping centres — Right of the anchor tenant to prevent the lessor letting commercial premises to third parties

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• Dimensione Direct Sales Srl v Knoll International SpA (Dimensione Direct Sales srl and Michele Labianca v Knoll International Spa)

  13 May 2015 (Case C-516/13); (C-516/13); EU:C:2015:315; [2015] Bus LR 683; [2015] WLR (D) 211, ECJ

  Subsequent citations: 2.
  COPYRIGHT — Authors’ rights — Distribution

  EUROPEAN UNION — Reference for a preliminary ruling — Copyright
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  Case index catchwords

  COPYRIGHT — Authors’ rights — Distribution — Authors having exclusive right to authorise or prohibit “distribution” of protected works — Whether right extending to offers and advertisements for sale — Parliament and Council Directive 2001/29/EC, art 4(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Copyright — Directive 2001/29/EC — Article 41 — Distribution right — Concept of 'distribution to the public' — Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State — Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right — Offer or advertising not leading to the purchase of the original or copies of a protected work

  2 Case(s) considered

  1 EU Enactment considered
• Tael One Partners Ltd v Morgan Stanley & Co International plc

  09 Jul 2012 [2012] EWHC 1858 (Comm), QBD (Popplewell J)

  01 May 2013 [2013] EWCA Civ 473; [2013] 1 CLC 879; [2013] CN 656, CA

  11 Mar 2015 [2015] UKSC 12; [2015] Bus LR 278; [2015] 4 All ER 545; [2015] 2 All ER (Comm) 1067; The Times, 23 March 2015; [2015] WLR (D) 122; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  CONTRACT — Construction — Secondary loan agreement
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  Case index catchwords

  CONTRACT — Construction — Secondary loan agreement — Facility agreement providing for payment premium to be paid by borrower on repayment of loan — Claimant lender transferring participation in loan to defendant — Whether payment premium “expressed to accrue by reference to lapse of time” — Whether claimant having entitlement to payment premium attributable to period prior to transfer — Loan Market Association standard terms and conditions for par trade transactions, condition 11(9)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Standard Form considered
• Aspect Contracts (Asbestos) Ltd v Higgins Construction plc

  23 May 2013 [2013] EWHC 1322 (TCC); [2013] Bus LR 1199; [2013] BLR 417; [2013] WLR (D) 211, QBD (Akenhead J)

  27 Nov 2013 [2013] EWCA Civ 1541; [2014] 1 WLR 1220; [2014] Bus LR 367; [2014] 1 EGLR 5; 151 ConLR 72; [2014] BLR 79; [2013] WLR (D) 463, CA

  15 May 2014 (appn all) [2014] 1 WLR 2218; [2014] Bus LR 711, SC(E)

  17 Jun 2015 [2015] UKSC 38; [2015] 1 WLR 2961; [2015] Bus LR 830; [2015] 4 All ER 482; [2015] 2 All ER (Comm) 965; 160 ConLR 28; [2015] BLR 503; The Times, 22 June 2015; [2015] WLR (D) 261; Case details, SC(E)

  Subsequent considerations : 2 positive. Subsequent citations: 32.
  ADJUDICATION — Adjudicator’s decision — Finality

  BUILDING — Contract — Adjudication

  CONTRACT — Construction — Implied term
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  Case index catchwords

  ADJUDICATION — Adjudicator’s decision — Finality — Reference of dispute under construction contract — Whether precluding litigation of same dispute — Whether adjudicator’s decision giving rise to separate cause of action with new limitation period — Whether term to be implied to that effect — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  BUILDING — Contract — Adjudication — Reference to adjudicator of dispute under construction contract — Adjudicator making award — Whether adjudicator’s decision giving rise to separate cause of action for recovery of payment under award if dispute finally determined in favour of unsuccessful party — Whether term to be implied to that effect — Whether restitutionary right to recovery of any overpayment — Housing Grants, Construction and Regeneration Act 1996, s 108 — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  CONTRACT — Construction — Implied term — Adjudicator in construction contract dispute making award in defendant’s favour — Claimant making payment in accordance with award — Claim for repayment of sum paid — Defendant counterclaiming for damages in excess of amount awarded by adjudicator — Whether implied term in contract providing claimant with cause of action for repayment if dispute finally determined in his favour — Whether claimant’s cause of action accruing at date of payment made in accordance with adjudicator’s award — Whether defendant’s cause of action accruing at date of breach of contract or duty — Whether claim or counterclaim statute-barred — Housing Grants, Construction and Regeneration Act 1996, s 108 — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  5 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Dalsouple Societe Saumuroise du Caouchouc v Dalsouple Direct Ltd

  01 Dec 2014 [2014] EWHC 3963 (Ch); [2015] Bus LR 464; [2014] WLR (D) 511, Ch D (Arnold J)

  Subsequent citations: 2.
  TRADE MARK — Registration — Grounds for refusal or invalidation of registration
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  Case index catchwords

  TRADE MARK — Registration — Grounds for refusal or invalidation of registration — Applicant holding international trade mark registration — Applicant objecting to registration of identical mark in United Kingdom — Proprietor of UK mark contending that applicant had consented to registration of mark — Whether requirement that consent be in writing — Requirements of consent — Whether registration invalid — Trade Marks Act 1994, ss 3(6), 5(4)(5)

  2 Case(s) considered

  1 Statute considered
• Flanagan v Liontrust Investment Partners LLP

  24 Jul 2015 [2015] EWHC 2171 (Ch); [2015] Bus LR 1172; [2016] 1 BCLC 177; [2015] WLR (D) 338, Ch D (Henderson J)

  Subsequent considerations : 1 neutral. Subsequent citations: 6.
  PARTNERSHIP — Limited liability partnership — Members
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  Case index catchwords

  PARTNERSHIP — Limited liability partnership — Members — Relationship between limited liability partnership and members governed by partnership agreement — Member contending that partnership in repudiatory breach of agreement following his exclusion from participation in partnership’s business — Whether doctrine of repudiatory breach applicable to multi-party limited liability agreements — Whether default rules governing member’s continuing membership following his acceptance of repudiatory breach — Limited Liability Partnerships Act 2000, s 5

  1 Case considered
• Copydan Båndkopi v Nokia Danmark A/S

  05 Mar 2015 (Case C-463/12); EU:C:2015:144; [2015] Bus LR 710; [2015] WLR (D) 107, ECJ

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2019. Subsequent citations: 7.
  COPYRIGHT — Authors’ rights — Reproduction

  EUROPEAN UNION — Reference for a preliminary ruling — Copyright and related rights
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  Case index catchwords

  COPYRIGHT — Authors’ rights — Reproduction — Exception for copies made for private use — Where exception implemented Directive requiring that rightholders receive “fair compensation” — Member state introducing levy for purposes of financing fair compensation — Defendant importing detachable memory cards for use in mobile telephones — Cards able to be used for private copying as well as unrelated uses — Whether defendant liable to pay levy in respect of cards — Factors relevant to imposition of levy and assessment of fair compensation — Parliament and Council Directive 2001/29/EC, art 5(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Articles 52b and 6 — Reproduction right — Exception — Copying for private use — Reproductions made with the aid of mobile telephone memory cards — Fair compensation — Levy on reproduction media — Equal treatment — Reimbursement of the levy — Minimal prejudice

  4 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

• Tidal Energy Ltd v Bank of Scotland plc

  13 Sep 2013 [2013] EWHC 2780 (QB); [2013] Bus LR 1379; [2013] CN 1405; [2013] 2 Lloyd’s Rep 605, QBD (Judge Havelock-Allan QC)

  31 Jul 2014 [2014] EWCA Civ 1107; [2014] Bus LR 1167; [2015] 2 All ER (Comm) 38; [2015] 2 All ER 15; [2014] 2 CLC 124; The Times, 28 August 2014; [2014] WLR (D) 369; [2014] 2 Lloyd’s Rep 549, CA

  15 Dec 2014 (appn all) [2015] Bus LR 94, SC(E)

  Subsequent citations: 4.
  BANKING — Payment — Liability
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  Case index catchwords

  BANKING — Payment — Liability — Claimant authorising bank to transfer funds electronically to named recipient — Claimant correctly naming intended recipient but giving incorrect account number and sort code — Funds credited to holder of account number and sort code in accordance with usual banking practice governing such transactions — Whether bank entitled to make payment on basis of sort code and account number without reference to account name — Whether liable to re-credit funds to claimant’s account

  3 Case(s) considered

• RTA (Business Consultants) Ltd v Bracewell

  12 Mar 2015 [2015] EWHC 630 (QB); [2015] Bus LR 800; [2015] Lloyd's Rep FC 357; [2015] WLR (D) 117, QBD (Judge Seymour QC sitting as a High Court judge)

  Subsequent citations: 1.
  CONTRACT — Illegality — Enforceability

  FAIR TRADING — Consumer protection — Contract made in consumer’s home
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  Case index catchwords

  CONTRACT — Illegality — Enforceability — Claimant entering into contract to undertake estate agency work for defendant — Claimant not registered as provider of estate agency services in breach of statutory provision — Claimant seeking to enforce terms of contract against defendant — Whether breach of registration requirement rendering contract illegal — Money Laundering Regulations 2007 (SI 2007/2157), reg 33

  FAIR TRADING — Consumer protection — Contract made in consumer’s home — Trader engaging estate agent to sell business — Whether trader acting “outside his trade or profession” — Whether trader “consumer” entitled to written notice of right to cancel contract — Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 2008/1816), reg 7(2)

  2 Case(s) considered

  2 Words & Phrases considered

  2 Statutory Instruments considered
• Arcadia Group Brands Ltd v Visa Inc

  30 Oct 2014 [2014] EWHC 3561 (Comm); [2014] CN 1893, QBD (Simon J)

  06 Aug 2015 [2015] EWCA Civ 883; [2015] Bus LR 1362; [2015] WLR (D) 359, CA

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 58.
  LIMITATION OF ACTION — Breach of duty — Concealment of facts
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  Case index catchwords

  LIMITATION OF ACTION — Breach of duty — Concealment of facts — Claims against defendants alleging breaches of European and domestic competition law — Defendants applying to strike out parts of claim relating to infringements before six-year limitation period — Whether claimants could have discovered relevant facts — Whether parts of claims to be struck out as time barred

  LIMITATION OF ACTION — Breach of duty — Concealment of facts — Competition claims — Whether “facts relevant” to claim concealed by defendants — Whether competition claims requiring different approach — Whether claims statute-barred — Limitation Act 1980 (c 58), s 32(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered