The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence. This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases ...
A party making a claim bears the burden of proof, meaning that it is responsible for proving its claim. In civil disputes (as opposed to criminal matters) a claim generally must be proven ‘on the balance of probabilities’ if it is to be successful. How is this achieved? The answer is that the claimant must present sufficient evidence to persuade the decision maker that its case is more probable than not ...
The popularity of wild camping following the easing of the first lockdown caused a number of problems for landowners and managers concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners may wish to familiarise themselves with the public’s right of responsible access afforded by the Land Reform (Scotland) Act 2003 ...
The Supreme Court, in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, recently upheld the doctrine of assignor estoppel, but severely limited its reach. The Court limited assignor estoppel to not apply in the cases of a “common employment arrangement” with an employer and employee, when there is a change in law, and when the issued patent has “materially broader” claims than the assigned invention ...
The Warehouse Indirect Source Rule requires some warehouse operators to begin collecting compliance information starting July 1, 2021. The “Warehouse Indirect Source Rule,” adopted by the South Coast Air Quality Management District on May 7, 2021, requires some warehouse operators to begin collecting compliance information starting July 1, 2021 ...
Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going ...
By Ministerial Resolution Nº 174-2021-PRODUCE, published today July 1, 2021 in the extraordinary edition of “El Peruano”, is established the “Provisional Fishery Regime for the Hake Resource (Merluccius gayi) for the period July 2021 to June 2022, applicable to the industrial fleet and in the area between the northern end of the maritime domain and 07°00′ South Latitude ...
In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting. Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham ...
On June 17, the Supreme Court rejected another court challenge to the Affordable Care Act (“ACA”), holding that the plaintiffs lacked standing to challenge its minimum essential coverage provisions. For the third time, the Supreme Court upheld the ACA. More than a decade after the ACA was enacted, the long and winding road of ACA challenges may be over and healthcare industry participants may finally be able to rely on the ACA as settled law moving forward ...
The question whether exclusive jurisdiction of an Arbitration proceeding can be vested on the basis of the Seat of Arbitration irrespective of any cause of action having arisen at the place of the said seat has been debated now for some time before various Courts ...
Broadly speaking, environmental, social, and governance (ESG) investing is understood as investing that incorporates ESG factors in investment decisions. It is often used interchangeably with the terms sustainable investing, responsible investing, ethical investing and impact investing ...
Minerva Surgical, Inc. v. Hologic, Inc., et al, No. 20-440 (S. Ct. June 29, 2021) The Supreme Court issued a decision today upholding the validity of the doctrine of assignor estoppel and clarifying its proper limits. The Court held that the doctrine only applies when “the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the patent ...
Key Takeaways The Supreme Court is currently weighing whether to take a case regarding Section 101 of the Patent Act as it applies to inventions involving natural laws. The Federal Circuit recently invalidated claims belonging to American Axle & Manufacturing Inc. relating to the manufacture of a prop-shaft using a natural law under Section 101 ...
With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...
In Competition Commission v W. Hing Construction Co Ltd & Ors [2021] HKCA 877, the Court of Appeal refused to determine whether the standard of proof in competition proceedings for a pecuniary penalty should be lowered from the criminal standard of proof to the civil standard of proof, after concluding that the present case was not an appropriate avenue for such issue to be argued ...
Whilst divorce rates for younger couples seems to be on a decline, the rate of later life divorce is on the rise with the divorce rates for those 65 years and older having tripled since 1990. There are various reasons for later life divorces such as growing apart, children having left home, retirement or age-related illnesses, but a common factor is because they do not want to start the last chapter of their life unhappy ...
The draft Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’) have been laid before parliament and are due to come into effect on 1 October this year. The Pensions Minister announced on June 8 the final version of the Regulations which are designed to regulate how trustees of certain trust-based occupational schemes must engage with, and report on, climate change risk as part of their duties ...
The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed. Planning permissions have a fixed duration, usually five years ...
United States v. Arthrex, Inc., et al, Appeal No. 2019-1434 (Fed. Cir. June 21, 2021) The Supreme Court issued its long-awaited decision today on the constitutionality of the Patent Trial and Appeal Board (PTAB). The Court held that the Administrative Patent Judges (APJs) who make up the majority of the PTAB are not constitutionally appointed under the Appointments Clause of the U.S. Constitution ...
Guided by the materiality standard from Escobar, a key safeguard for FCA defendants, the Western District of Pennsylvania found the Zaldonis relator failed to show the alleged fraud “would have any effect on the government’s decision to pay a claim.” Five years after the Supreme Court decided it, Escobar thus continues to set a high hurdle for plaintiffs ...
Given the new trends and styles that emanate regularly from its players, the fashion industry is one that is constantly evolving. This industry, which is largely characterised by the production, display and sale of clothing, shoes, and perfume products has contributed immensely to the global gross domestic product ...
Shipping & Transport, MalaysiaFactsApplicable legal principlesPlaintiff's argumentDefendant's argumentDecisionCommentThis article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in remadmiralty proceedings as security for the plaintiff's claim.(1) FactsOn 19 November 2017 the defendant's vessel, Shi Pu 1, collided with the plaintiff's bulk vessel, Winning Loyalty ...
The headline announcement of Freeports in the Chancellor’s Budget made it clear that they will have an important role in regeneration and supporting the delivery of the UK’s clean energy revolution ...
Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving patents, but that do not concern allegations of infringement or invalidity ...
