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Monday 15 October 2012

MPC Announces the Least Shocking News of the Day

  • No change as expected on either Bank Rate or the size of QE
  • Popularity of 5 year fixed rates surges as rates plumb all time lows

    Ray Boulger of leading independent mortgage adviser John Charcol comments on the widely expected news that the MPC again left Bank Rate and the size of the Quantitative Easing programme unchanged today.

    Friday 5 October 2012

    Civil Litigation Disclosure Before Proceedings Start

    A fundamental element of civil litigation is the disclosure and inspection of documents. This is managed under Part 31 of the Civil Procedure Rules (CPR). The rules set out what constitutes a document for the purposes of the rules, the types of documents that must be disclosed and the parameters of the disclosure process.

    Injurious Falsehood

    Injurious falsehood is also known as malicious falsehood which aptly describes what this area of law attempts to redress. An injurious falsehood is a false statement that causes intentional damage to a person's commercial or economic interests.

    Injurious falsehood shares similarities with defamation but represents a different form of action to defamation. In certain circumstances claimants may find that both legal routes are open to them so it helps to understand how they differ and what the practical implications are from the perspective of both parties.

    Are You Cookie Safe?

    If you use a website for your business then you must ensure that it complies with the relevant regulations. There is legislation covering most aspects of online business such as the information a company must provide about itself, rules on distance selling and regulations concerning the storage of customer information. Some of the rules for conducting business over the Internet will depend upon the type of business you are in but others have universal application.

    Since May 2012 every website must comply with the rules governing the use of cookies.

    Making the Most of Intellectual Property

    Intellectual property is in constant use by businesses. Every time an employee uses an office computer, there are licences that operate to determine the terms of that usage. When employees produce drawings or work on presentations, copyright laws operate to protect that work from being used unlawfully by others.

    Most business owners are aware of the existence of the basic intellectual property rights such as copyright, patents and trade mark. There is also wide recognition of problems such as piracy. However an issue that often exists, particularly in small businesses, is a lack of knowledge which prevents them from exploiting intellectual property to its fullest extent.

    Tuesday 2 October 2012

    Inducing Breach of Contract

    If one party intentionally induces or procures another to breach a contract and damage is caused then that can form the basis of a legal claim. If the action of the inducing party cannot be justified, they may be liable for a claim under the tort of inducing or procuring a breach of contract.

    Default Judgment

    A default judgment is a binding judgement made for or against a party when one party to a dispute has failed to take some form of action. The most common type of default judgment occurs when the claimant issues a claim form and serves this on the defendant. If the defendant fails to respond to the particulars of claim within 14 days then the claimant may enter a judgement in default.

    Economic Duress

    Economic duress is a notoriously difficult allegation to bring against a defendant. Closely related to the tort of intimidation, it is necessary for a claimant to show that they were pressured into a contract through illegitimate means. If the relevant tests can be met, a contract is voidable.

    Information Technology Law for the 21st Century

    The rapid evolution of information technology IT in the latter part of the 20th Century brought great opportunities and huge challenges in equal part. The most significant impact for individuals, businesses and society generally was felt with the arrival of the Internet and the way it transformed how information was communicated, stored and used.

    Twitter ‘Bomb Threat’ Trial Tests Communication Act

    The trial of Paul Chambers has drawn plenty of attention from politicians, the media and celebrity observers. Although much of the focus has been on the widely perceived absurdity of the case, it does raise some interesting questions about the law under which it was brought. Chambers was prosecuted under section 127(1) of the Communications Act 2003; legislation which predates the Twitter service launched in 2006.

    Understanding Patent Law

    Patents are a form of intellectual property that offer an inventor exclusive rights in their invention for a fixed period of time. Rights are granted by the state to the inventor enabling them to exclude others from making, using, selling, offering for sale or importing the patented invention during that period in exchange for the inventor publicly disclosing their invention.

    Non-regular Companies House Filings

    A company must file its annual return and company accounts at Companies House on an annual basis. In addition, it must also file information relating to non-regular events as they occur; for example changes to the appointed officers of the company, changes to the registered office or change of company name.