The advent of streaming video on demand platforms (SVOD) has made access to virtual content relatively easy. As a matter of fact, it is one of the many benefits that comes with the internet and technological evolution. However, when sharing or transmitting virtual contents to consumers or subscribers, these platforms must ensure that the appropriate licences are obtained from holders of intellectual property rights to avoid claims of infringement ...
For many years, the question of whether there should be more openness in the family courts has been a live issue. But previous proposals calling for increased transparency, including the initial government proposal of 2006 to allow the media to report on family cases, have been unsuccessful. In May 2019, President of the Family Division, Sir Andrew McFarlane, launched a review into transparency in the family courts and the report outlining his findings was published on 29 October 2021 ...
When disputes arise between family members, there is often much more at stake than money. Common grounds for family disputes We regularly deal with disputes between family members in relation to Wills, Powers of Attorney, and the administration of the estates of deceased individuals. Often these include challenges to the validity and terms of a Will, either because it is alleged that the signature has been forged or that undue pressure was placed on a person to change the terms of a Will ...
Kyocera Senco Industrial Tools Inc. v. International Trade Commission, Appeal No. 2020-1046, -2050 (Fed. Cir. Jan. 21, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from the International Trade Commission, where an Administrative Law Judge (ALJ) found noninfringement and the Commission reversed. The Federal Circuit addressed the issues of qualifications to provide technical expert testimony, claim construction, and references ...
The living sector will continue to provide opportunities and challenges for investors, developers and residents, alike. The government is set to turn the page on pandemic restrictions, with most set to stop in England on 26 January. Time will tell if this will be the year when we can get back to a more normal way of life, but one thing we can be sure of is that the living sector will continue to provide opportunities and challenges for investors, developers and residents, alike ...
This year, Family Mediation Week takes place between 17-21 January 2022. It exists to raise awareness of the benefits of family mediation and how the process can help separating families resolve their issues productively and collaboratively. The campaign is organised by the Family Mediation Council and is supported by Resolution ...
The Supreme Court has held that leaseholders exercising their rights to manage a building do not acquire the right to manage the surrounding estate, overturning a prior Court of Appeal decision ...
Trends in leasehold transactions during 2021 and expectations for 2022. Now that the decorations are back in the loft, retailers are announcing their Christmas trading updates. There is a general consensus that the retail sector had a difficult time in 2021 as has been the trend in modern years and whilst some retailers will be announcing positive news to the markets, there are undoubtably some that are likely to continue to have a challenging time in 2022 ...
Evolusion Concepts, Inc. v. HOC Events Inc., Appeal No. 2021-1963 (Fed. Cir. Jan. 14, 2022) In its only precedential patent case this week, the Federal Circuit disposed of an appeal, holding that the district court’s claim construction was wrong. In the appeal from the U.S. District Court for the Central District of California, the Federal Circuit addressed the meaning of the term “magazine catch bar” in the asserted claims ...
Keeping up to date with the shifting property landscape is never easy. So, what do property professionals need to keep in mind for 2022? Developers Building Safety Bill Residential developers will need to pay close attention to the progress of the Building Safety Bill through parliament ...
In the recent case of Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd the High Court has commented on what is meant by ‘all reasonable endeavours’, ‘good faith’ and ‘mutual benefit’, but do the comments really help? Agreements often include ‘endeavours’ clauses in an attempt to define the scope of a party’s obligations ...
It is now common knowledge that after January 2, 2022, issuing a cheque that is dishonoured for the lack of funds is no longer going to be a criminal offence in the UAE (for a primer on the changes made to the law, clickHere). But what of ongoing complaints and criminal cases regarding cheques that were dishonoured prior to January 2? Circular No. (9) of 2021, issued by the Dubai Public Prosecution Department on 19 December 2021, helpfully clarifies how such cases are to be handled ...
As it is known, the second paragraph of Article 5 of the New Constitutional Procedure Code (Law 31307) provides that "In constitutional proceedings against judicial decisions, judges or magistrates of the Judiciary are not notified or summoned with the lawsuit". In this regard, the Constitutional Court (TC) in the order issued in Case No ...
As the pandemic persists and the disruption of the previous two years continues to impact projects, the construction industry faces a continued period of uncertainty in 2022. Further disruption The pandemic and issues around the availability of materials may continue to disrupt projects into 2022 leading to higher costs and further delays ...
The unquantifiable part of subjecting a dispute to the arbitration of a court is the litigation risk. We explore what those risks are and why it is essential that they should never be ignored. The cornerstones of any case should be clear, solid and documented evidence, a series of strong witnesses and in the ideal world and a juicy piece of case law (precedent) that ties it all together and gives the judge/panel a map to direct them to their decision ...
In the second part of this article, we look at the problems that can arise through the interpretation of evidence by the tribunal and look at ways to mitigate litigation risk by ensuring that the story of the case is presented as clearly as possible ...
Law 9/2022 was published in Diário da República, the Portuguese official gazette, on 11 January 2022. This new law establishes measures to support and speed up corporate restructuring processes and payment agreements. It is the result of the incorporation into Portuguese law of Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 (“Directive (EU) 2019/1023”) ...
In May 2021, the UK Government commissioned an independent, fan-led review of football governance in England following three “crisis events”. The report has thus far received a varied reception. Some have welcomed its recommendations, and believe that they will bring about much needed reform of the current model of football governance ...
I have recently been advising a farmer in relation to an appeal against a department penalty imposed for an alleged breach of GAEC (Good Agricultural Environmental Conditions). These are the conditions farmers claiming agricultural support payments must comply with, and which are designed to safeguard soils, habitats and landscape features on agricultural land. A breach of GAEC can lead to financial penalties being imposed on the farmer ...
The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation. The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution ...
The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. First, “clear, evidenced, and unequivocal security” is necessary before enforcement is possible. Second, where a solvent and paying party asserts set-off and counter-claims, enforcement is prohibited in most circumstances ...
Certain claims in contentious executry matters, such as challenging a will, must be made within a specific time period. Where a dispute arises, seeking legal advice about the relevant time period at the earliest opportunity is of fundamental importance. In Scots law, the loss of a claim due to the passage of time is known as prescription and is presently governed by the Prescription and Limitation (Scotland) Act 1973 ...
