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Torion Bowles
 

Advocate General's opinion issued on consumers' obligations to return defective goods for repair or replacement

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In the case of Christian Fülla v Toolport GmbH (Case C-52/18) EU:C:2019:22 (15 January 2019) Advocate General Wahl has issued an opinion concerning the return of defective goods for repair, under the Sales and Guarantees Directive (1999/44/EC )...

Guidance issued on the use of personal data post Brexit

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Guidance has been issued by the Department for Business, Energy and Industrial Strategy (BEIS) concerning the use of personal data after Brexit. The BEIS guidance explains how Brexit will affect UK businesses both in the event of a deal and if there is no...

Estate agents secure payment despite the agency agreement lacking any express term as to the timing of when the commission would become payable

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In the case of Wells (Respondent) v Devani (Appellant) [2019] UKSC 4 (13 February 2019) ), the Supreme Court unanimously found that an estate agency agreement with the seller was complete and enforceable despite not expressly stating the trigger events when...

Fine for failing to respond to Information Commissioner's Office enforcement notice

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Magnacrest Ltd, a housing developer, pleaded guilty at the Westminster Magistrates' Court to a charge brought under section 47(1) of the Data Protection Act 1998 for failing to comply with an enforcement notice issued by the Information...

Companies House issues guidance on changes to company registrations in the event of a No-deal Brexit

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Companies House has published guidance concerning changes to the registration of companies in the event of the UK leaving the EU without a deal. The guidance includes information concerning: European entities formed under EU law...

The need to be specific when making an application for non-party disclosure

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In the case of WH Holding Ltd and others v E20 Stadium LLP [2018] EWHC 2971 (Ch) (5 November 2018) the High Court had cause to consider the application of Civil Procedure Rule 31.17 and the principles relevant when the Court decided whether to order a non party to litigation to give disclosure.

Counter claim for loss of bargain dismissed on grounds of not terminating the Contract on the correct grounds

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The case of Phones 4U Ltd (in Administration) v EE Ltd [2018] EWHC 49 provides a useful reminder that the content of a notice served to terminate a contract will be critical when considering whether a party can sue for damages arising from a party’s repudiatory breach of a contract.

Commercial agents agents entitled to indemnity or compensation even where termination occurs during a contractual trial period

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In the European case of Conseils et mise en relations (CMR) SARL v Demeures terre et tradition SARL (Case C-645/16) EU:C:2018:262 (19 April 2018) the European Court of Justice (“ECJ”) was required to consider whether a commercial agent was entitled to indemnity or compensation when termination occurred during a contractual trial period.

Setting up a rival business whilst misusing another party's data constitutes breach of express good faith clause

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In the case of Health & Care Management Ltd v The Physiotherapy Network Ltd [2018] EWHC 869 (QB) (19 April 2018), the High Court has underlined the benefit of a well drafted “good faith” clause and the ability for such a clause to make up for any drafting deficiencies within the body of the contract.

Are your tenants disqualified from living in the UK?

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From 1 December 2016, a landlord or agent will have committed a criminal offence where they know or have ‘reasonable cause to believe’ that any property they are letting is occupied by someone who is disqualified from residing in the UK, regardless of when the tenancy was granted. This is due to Sections 39 to 41 of the Immigration Act 2016 amending the Immigration Act 2014 to enhance the ‘right to rent’ regime.

Disputes arising out of Building Contracts

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Disputes commonly arise out of building contracts. These could include arguments as to quality or price, being kicked off site or being asked to do more than what was initially agreed.

Consumer Regulations in relation to Building Contracts

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The Consumer Rights Act 2015 made significant changes to the rights and obligations of parties in business to consumer contracts.

World IP Day 2016: Digital Creativity - Culture Reimagined

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On 26 April 1970 the World Intellectual Property Organisation (“WIPO”) came into force. In 2000 the member states of WIPO designated 26 April as “World Intellectual Property Day” (“World IP Day”). The aim behind this was to increase general understanding of intellectual property (“IP”).

The increasing importance of protecting your Intellectual Property

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The Consumer Protection from Unfair Trading Regulations (“the Regulations”) gave effect to the European Unfair Commercial Practices Directive. The Regulations prohibit misleading commercial practices that may cause the average consumer to take a different commercial decision to that which they intended.

Scrabble Trademark not infringed by Scramble with Friends Online App

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Torion Bowles of our Commercial Litigation and Dispute Resolution Team takes a look at the recent Court of Appeal decision where it was found that Mattel’s Community Trademark for SCRABBLE was not infringed or passed off by Zynga Inc’s online words game Scramble With Friends (“SWF”).

Court of Appeal upholds High Court decision on Google's Safari workaround

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Three individuals set out to bring a claim in England against US based company, Google Inc., for misuse of their private information. Torion Bowles, Litigation Solicitor, reviews the case (Google Inc. v. Judith Vidal-Hall and others [2015] EWCA Civ 311), which has not reached trial yet, but has resulted in a number of ground-breaking changes to the law already being decided upon.

Intellectual Property Update: Pop star pushes the Boundaries of Image Rights in the UK

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In the week that Taylor Swift reportedly obtained a trademark in the USA to protect the use of her lyrics from her “Shake It Off” and “1989” albums, the Court of Appeal in England & Wales has upheld a decision where the use of an image of the pop star Rihanna on a T-shirt was found to be passing off and had damaged the goodwill and reputation of her business.

New Consumer Contract Regulations...what are the implications for business?

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Torion Bowles, solicitor within the Commercial Litigation and Dispute Resolution Team at Warner Goodman Commercial, examines the impact of the new Consumer Contract Regulations on traders and their businesses.

Good News for Landlords on Rent Apportionment Post Break Clause

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Torion Bowles, a Solicitor within the Commercial Litigation and Dispute Resolution team, has been examining the decision of the Court of Appeal to back landlords on the issue of rent apportionment following a tenant exercising a break clause in a commercial lease.

New Enforcement Rules: Good News for Creditors?

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When a creditor successfully obtains a court judgment, they will undoubtedly want to enforce that judgment if the debtor continues to avoid making payment. Torion Bowles, Litigation Solicitor, suggests that one might be forgiven for thinking that a surprise visit from a bailiff might encourage the debtor to immediately make arrangements to pay rather than risk having any valuable goods seized from their premises in lieu of the debt.

Local Solicitor on the move

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Torion previously pursued a career in civil litigation for ten years. In 2011, as part of the cross-qualification process to become a Solicitor, he joined the firm’s Residential Conveyancing team in Fareham on a part time basis before moving to the expanding Southampton Conveyancing team in 2013. In March 2014, he then transferred to the Commercial Litigation team where he intends to build on his general civil litigation and property litigation background.