For the first time, the Court of Appeal has rendered a decision on a class action instituted under the Competition Act. A unanimous decision in favour of our client, Toyota Canada Inc. and 37 of its dealers in the Montreal region, was handed down on February 26, 2008 ...
U.S. Court of Appeals for the District of Columbia Circuit Finds that Student Who Was Abused Multiple Times by Fellow Students Was Entitled to Multiple Per-Claim Limits Because Each Assault Was a Separate “Claim”.In Essex Insurance Co. v. Doe, No. 06-7163, 2008 U.S. App. LEXIS 94 (D.C. Cir. Jan ...
1 Framework 1.1 When did Germany first liberalise telecommunications networks and/or services? In 1989 the markets for telecommunications end-user devices, data and value added services, satellite and mobile communications were liberalised. The first mobile communications licence was awarded to a private entity in 1989 (Mannesmann Mobilfunk, now Vodafone) ...
The rule that a party receiving documents in litigation holds them subject to an implied undertaking to use them only in the proceedings in which they were produced has been a fixture of practice in British Columbia since 1995. However, while the rule is easy to state, it often proves more difficult to apply in practice and carries with it the potential for very serious sanctions for breach ...
On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot’in Nation v. British Columbia(1). The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation ...
Civil Dispute Resolution in TaiwanSeptember, 2007ForewordTaiwan is a civil law jurisdiction, and its courts are charged principally with interpreting statutory laws and have limited ability to create new remedies or laws where there is no statutory basis. Civil, criminal, and administrative cases fall under the jurisdiction of separate court systems. In addition to civil litigation, civil disputes can also be handled through arbitration, mediation, or settlement ...
The main characteristic of Third Generation services (3G) is to permit voice, data and image transmissions at substantially higher speeds than traditional technologies (like 2G and 2.5G). This capability makes 3G the appropriate standard for mobile multimedia applications and wireless broadband data transmissions, allowing subscribers to be connected without interruption to the mobile web ...
The Federal Circuit, in an opinion written by Judge Rader and joined by Judges Lourie and Prost, has determined that a termination of a contract for the government’s convenience does not terminate obligations to perform warranty and software upgrade services under the contract. The Court of Federal Claims, in a well-reasoned opinion by Judge Miller, had determined otherwise ...
The Arbitration Institute of the Stockholm Chamber of Commerce upholds a strong position as one of the most important centres of international arbitration. The steady growth in the number of cases involving foreign parties that are administered by the Arbitration Institute convincingly demonstrates its worldwide popularity and reputation ...
February 2007 UK retail sales rose 0.6% on a like-for-like basis against a weak comparative in February 2006, when sales had fallen. The three-month trend rate of growth weakened in February to 0.9% from 1.1% in January for like-for-like sales, but rose to 4.2% from 3.6% for total sales, reflecting the continued growth of retail space.Clothing and footwear were still difficult but food sales improved, helped by Valentine’s Day, after a flat January ...
The U.S. Department of Justice’s revised corporate charging policy, which was named after deputy attorney general Paul McNulty, was unveiled in December 2006. In the wake of its predecessor document, the 2003 Thompson Memo, we have seen a steady increase in the resolution of corporate criminal investigations without indictments or trials ...
Advocate General Sharpston has recently expressed her opinion in the Commission v Republic of Finland case that ensuring a sufficient degree of transparency for the award of sub-threshold procurements should be determined by national law, rather than Community law. If these views were to be followed by the ECJ, it would provide renewed impetus to create national rules on low value awards and represent a meaningful evolution of the ECJ's past case law ...
In our July 2006 legal update, we reported on a ground-breaking agreement (Agreement) signed by the Hong Kong and Mainland China Governments, under which they agreed to recognise and enforce judgments made in each others courts. Legislative changes are now underway in Hong Kong in order to implement the Agreement ...
The Federal Trade Commission yesterday published its long awaited revisions to the FTC’s Franchising Rule. The new disclosures may be used effective July 1, 2007 and must be used for all franchises offered or sold after July 1, 2008. The Amended Rule prescribes a disclosure format which largely mirrors the Uniform Franchise Offering Circular ("UFOC") format, and modifies it in certain places by adding new disclosures ...
Intellectual Property is important. Although never at the forefront of our thinking (IP Lawyers aside) the role of patents, trade marks and copyright in shaping the business and leisure aspects of our lives is immense ...
On 26 October 2006, the Antitrust Court issued a decision, from a defense of competition perspective, in connection with the legality of the behaviors between Voissnet S.A. ('Voissnet') and Compañía de Telecomunicaciones de Chile S.A. ('CTC-CHILE'). Voissnet, a company that provides telecommunication services consisting of Voice over Internet Protocol (VoIP), accused CTC-CHILE of performing acts against free competition ...
He may be a knight, one of the most successful music artists and a noted viniculturalist, but Sir Cliff Richard is not resting on his laurels. Add legal reform campaigner to this list as the Peter Pan of Pop leads the quest to change UK copyright law.Copyright can be deceptively simple on the face of it, but scratch the surface and you reveal the complexity of co-existing legal rights. Take Sir Cliff's 1959 best selling single 'Living Doll' ...
Broadband providers will be required to ensure that their ten million UK customers can more easily take advantage of cheaper broadband deals in an increasingly competitive market, under new regulations proposed by the UK communications industry watchdog OFCOM on 17 August 2006 ...
A spectacular smash-up always draws a crowd. In the outsourcing world, where the wreckage is nearly always kept under wraps, that’s even more true. When a problem deal does break into view, it’s always worth watching for lessons in how to manage – or how not to manage – these complex transactions ...
The cause of an action in defamation exists to provide some recourse and remedy to victims of falsehoods which can and do cause injury to reputation. In a classic formulation, recently adopted and approved by Geopel J ...
The House of Lords has clarified what makes a message sent by means of a public electronic communications network "grossly offensive" and therefore capable of amounting to a crime under the Communications Act 2003 ("Act") ...
On 14 July 2006, the Hong Kong and Mainland China Governments signed a ground-breaking agreement, rather lengthily entitled "An Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned" (Arrangement), under which they agreed to recognise and enforce judgments made in each others courts ...
Although the United Kingdom comprises England, Scotland, Wales and Northern Ireland, this guide relates only to the current position in England and Wales because Scotland and Northern Ireland have their own individual legal systems. The rules and procedure of the Civil Courts in England and Wales are contained in the Civil Procedure Rules (CPR) which were introduced in 1999 and which lay down the framework within which all civil litigation must be conducted ...
