IP & Technology

The recent decision of the Intellectual Property Enterprise Court, in the case of Frank Industries Pty Ltd v Nike Retail BV, has highlighted the increased role social media plays in cases of modern day intellectual property law, such as trade mark infringement and passing off. In this case, the key question was: How would an… Read more »

Food & Drink

At the end of last month, Attorney General (AG) Wathelet issued his opinion to the Court of Justice of the European Union (CJEU), advising that no EU copyright protection should vest in the taste of cheese, or any food product. Can you brie-lieve it? Case details The AG’s opinion was sought by the Dutch, Arnhem-Leeuwarden Appeals… Read more »

Family Law

A recent decision from the Supreme Court has sparked debate on the practice of English Courts awarding indefinite maintenance to spouses on divorce. Mr and Mrs Mills divorced in 2002. Mrs Mills was awarded a lump sum of £230,000 and an indefinite maintenance payment of £1,100 per month. As a result of a number of… Read more »

Rural Law

There has never been a more opportune time to discuss the future agricultural strategy for Scotland. We have read with interest the recent proposals made by the Scottish Government’s Agricultural Champions final report, Fergus Ewing’s paper “Stability and simplicity: proposals for a rural funding transition period”, and the NFUS Steps to Change paper. In a… Read more »

Rural Law

Should famers be paid for more than food? That was the motion discussed at this year’s Oxford Farming Conference Debate, sponsored by Brodies at the Royal Highland Show. The argument in favour of the motion is that government support for farmers could be used to deliver services which the public value, such as supporting the… Read more »

Public Law

As Brexit negotiations between the EU and the UK continue after the publication of the UK’s proposals for the future UK-EU relationship, the UK Government is working on preparations for Brexit. This includes making the orders required to prepare the legal landscape for a post-Brexit future. Ministerial powers to Brexit-proof the law To ensure that… Read more »

Public Law

The UK Government recently published its White Paper on “The Future Relationship between the United Kingdom and the European Union”, intended to be a blueprint for further Brexit negotiations with Brussels. While the reception it has received both domestically and in the EU suggests that any final deal will almost certainly be different from the… Read more »

Corporate

We are often asked by companies north and south of the Border how they should execute contracts. In both countries, subject to certain important exceptions, there is no requirement for a contract to be in writing. Legally binding contracts can be formed orally (e.g. through phone conversations) or through a course of dealings. But we’ll… Read more »