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Tag Archives: UK court of appeal

Court of Appeal Clarifies Legal Professional Privilege

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. By Oliver Browne and Clare Nida Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating to, legal professional privilege. In Civil Aviation Authority v. R (on behalf of the application … Continue Reading

Competition Law and Online Sales Restrictions: UK Court of Appeal Judgment in Ping

Court ruling confirms that online sales restrictions can amount to a serious infringement of competition law. By John D. Colahan and Anuj Ghai On 21 January 2020, the UK’s Court of Appeal ruled that the online sales restrictions contained in Ping’s internet sales policy (ISP) constituted a restriction of competition by object. The Court of … Continue Reading

Unilever – Too Big to Pay?

The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  By Deborah J. Kirk and Catherine Marie Hughes On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019] UKSC 45 — the conclusion to an extensive campaign by Professor Shanks to … Continue Reading

UK Court of Appeal Confirms Rigidity of Part 36 Convention

Decision clarifies the court’s limit of discretion in departing from Part 36 cost consequence rules, even if a party behaved dishonestly. By Oliver Middleton The Court of Appeal has overturned a decision at first instance in which a claimant accused of dishonesty was punished by way having to pay not only the usual costs for … Continue Reading
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