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Friday, 31 October 2014

Challenging trustees or executors of a will

Following the death of a loved one, you may have concerns about the legitimacy of their will or what they have written in their will. If you find yourself in this situation, our Guide to Contesting or Challenging a Will provides an overview to the ways in which a will can be challenged or contested.

Insurance Warranty Given Plain Meaning by Court of Appeal

A useful insight into the interpretation of insurance warranties was given by the Court of Appeal in 2014.

A three member Court of Appeal, consisting of Lord Dyson MR, Davis LJ and Gloster LJ, recently handed down its judgment in the case of Amlin Corporate Member Ltd &Ors v Oriental Assurance Company [2014].

Upholding Field J’s decision at first instance, the Court of Appeal held that terms in the ‘Typhoon Warranty’ had indeed been breached and therefore that the reinsurers were entitled to the declaration sought, i.e. the claimant reinsurers were not liable under the policy.

Thursday, 30 October 2014

A Truly Pink Trademark Battle Won in the High Court

In July the High Court handed judgment to luxury British fashion retailer Thomas Pink Ltd, ruling that Victoria Secret’s use of a sub-brand “PINK” had infringed Thomas Pink’s trademarks. These included the distinctive use of the capitalised word PINK.

Victoria’s Secret is the largest American lingerie retailer, with an increasing presence in Europe; Thomas Pink earned its reputation for its quality men’s shirts.

The case emphasised important aspects of trademark law which brand owners should bear in mind when it comes to protection and infringement of trademarks.

Fire safety advice for landlords

Our recent article about the obligations of landlords explained how landlords who rent property have certain responsibilities when it comes to protecting their houses and their tenants. In this blog we will look at two key areas of fire safety that landlords must devote attention to when renting their properties out.

Wednesday, 29 October 2014

What are the grounds for evicting tenants?

Evicting a tenant can be a tricky, costly and time consuming process and for most landlords it is a last resort when they are left with no other choices. However, landlords must always ensure that they follow legal guidelines when bringing forth an eviction. We take a look at some of the grounds for eviction below.

Reducing Start-up Business Litigation Risks

Start-up businesses are finding themselves embroiled in litigation for basic legal failures at the outset of their endeavour. Many of these costly errors could be avoided with simple legal advice.

The messaging service Snapchat, which markets an application allowing users to send temporary photos and videos, has recently settled a dispute over its creation and ownership.

Frank Reginald Brown challenged Snapchat’s chief executive, Evan Spiegel, that he had originally provided the idea of images which would “disappear” when the two attended Stanford University together. Snapchat, judging by recent investment, is valued at approximately £6.2bn.

Start-up businesses, in particular tech companies, can face a variety of legal issues surrounding ownership and rights. The imprecise nature by which a start-up comes about, with undefined share holdings or property rights, often results in the prospect of litigation when the business’s value increases later down the line.

Tuesday, 28 October 2014

Privacy Claims Rising in Step with Data Growth

The number of privacy cases being brought before the courts in the UK has increased rapidly following the huge growth in the amount of personal information held by organisations.

What Lord Neuberger deemed the “astonishing development” in information technology (IT) has given rise to the situation where personal information is easily collected and shared by large organisations, such as giant tech firms and government departments.

This has important implications for individuals, businesses, the courts and the legal profession.