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contract

Don’t terminate on the basis of your counterparty entering into an insolvency procedure

Commercial contracts usually have written terms that allow a party to immediately terminate the contract in the event of the counterparty becoming insolvent.  Summary of CIGA As from 26 June 2020, this contractual right has been curtailed as the UK Corporate Insolvency and Governance Act 2020 (the CIGA) has come into force. The CIGA inserts a new provision into the Insolvency Act 1986 which removes the effect of a term in a contract for the…
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Court forces out a force majeure clause

A recent High Court decision has confirmed the restrictive approach applied by the Courts when interpreting force majeure clauses. Whether a force majeure clause is enforceable or not has become increasingly important following the outbreak of Covid-19. This is because a properly drafted force majeure clause has the potential to excuse a contracting party from liability, when it is prevented from performing some or all of its contractual obligations under the contract, due to some…
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contract

Briefing note: What can I do if Covid-19 is causing problems to my company’s commercial contracts?

As Covid-19 continues to have an impact on the global supply chain, we consider how it may affect clients’ commercial contracts and which contractual provisions they can rely on to protect themselves if performance becomes increasingly difficult or impossible. Clauses in your contract that may help Force majeure: this clause excuses one or both parties from performance of the contract in some way following the occurrence of an unexpected event outside the parties’ control. Typically…
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3d

Making mass produced products protectable by copyright

The High Court has recently set out a new test and some helpful guidance as to whether 3D objects are protected by copyright as works of artistic craftsmanship. The upshot of this decision is that it will now be easier for mass produced items, such as furniture, to be protected by copyright law as works of artistic craftsmanship. Historically for 3D objects to be protected by copyright, the object had to either qualify as a…
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Social media

Get rid of that libellous post and while you are at it anything else with an equivalent meaning!

Does Facebook, or other social media platforms, have an obligation not just to delete defamatory posts, but other posts with an equivalent meaning? This was a question that the European Court of Justice (the “CJEU”) recently considered. Facts  A Facebook user shared an article about an Austrian Green Party politician and posted a comment, which was defamatory on Facebook. The politician requested Facebook remove the post on the basis it was defamatory, but Facebook refused.…
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Contract

No contract no liability?

If someone does work for you, but you have yet to sign a written contract (or even orally agree to a contract), can you still be held liable to pay for the work? In AMP Advisory & Management Partners AG v Force India Formula One Team Limited, the High Court said yes. What happened? The facts of this case are relatively simple: Force India entered into a sponsorship agreement with an Austrian water company, which…
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Contract

No contract no liability?

If someone does work for you, but you have yet to sign a written contract (or even orally agree to a contract), can you still be held liable to pay for the work? In AMP Advisory & Management Partners AG v Force India Formula One Team Limited, the High Court said yes. What happened? The facts of this case are relatively simple: Force India entered into a sponsorship agreement with an Austrian water company, which…
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Key Practice Areas

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About Briffa

Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

We help clients across a broad range of sectors and we’re experts in brand strategy and IP portfolio management — our team can help your business grow, giving you a competitive edge that increases the value of your business for either investment or eventual sale.

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