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Contract liability caps under UCTA

06 Apr 2012
Posted in Contract Law

Contractual caps on the liability of a business must usually be reasonable if they are to be enforceable under English law.  There are various tools the courts use to control liability caps, but the Unfair Contract Terms Act 1977 is probably the most important.  UCTA applies to most business contracts, but there are exceptions (e.g. […]

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What to do with website legal documents?

05 Apr 2012
Posted in Contract Law, Internet Law

So, you’ve got a new website.  You’ve got some T&Cs and a policy or two.  What now?  What should you do with your legal documents?  How should the documents be incorporated into the website? It would be nice if there were simple answers to these questions.  Something like: you should do X with your T&Cs […]

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Reasonable endeavours vs best endeavours

05 Apr 2012
Posted in Contract Law

In the real world, individuals and organisations are constrained in all kinds of way, and such constraints may affect their ability to meet their contractual obligations.  For instance, a business may wish to complete a project for a client by a particular date, but all kinds of external factors – changes to specification, staff absence […]

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Domain name disputes: expert tips

22 Mar 2012
Posted in Domain Name Law, Litigation

This post contains a selection of practical tips for those preparing to fight a domain name arbitration case. (1) Know your chances Make an assessment of your chances of winning before embarking on a dispute. You will need, at a minimum, to read and understand the rules governing the relevant kind of complaint; learn when […]

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10 things you should know about … libel

22 Mar 2012
Posted in Defamation Law

This short article explains the key points of libel law – those which should be familiar to every webmaster. Webmasters need to know about libel law because material published on a website can give rise to libel claims. (1) What is defamatory? Defamation is all about reputation, and in particular about statements which damage others’ […]

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10 things you should know about … copyright

20 Mar 2012
Posted in Intellectual Property Law

This short article explains the key points of copyright law – those which should be familiar to every website operator. Website operators need to know about copyright law because copyright materials are their stock-in-trade, and because dealing in copyright materials gives rise to legal risks. Complaints of copyright infringement involving websites are relatively common; and […]

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Don’t let the economy get you down

14 Mar 2012
Posted in Employment Law

In a tough economic climate, disputes between employers and employees become more common.  Redundancy programmes and other forms of employment termination are a major cause of disputes.  According to the Chartered Institute of Personnel and Development, many private sector companies were planning on making redundancies in the first quarter of this year.  As the UK […]

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10 things you should know about … trade marks

22 Feb 2012
Posted in Intellectual Property Law

Brands are critical to most businesses, and can be worth millions, even billions – think Microsoft or Coca-Cola. On the internet branding assumes especial importance, not least because brands can be incorporated into domain names. The value inhering in a brand is protected by trade mark law; and it is sensible for businesses operating on […]

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Domain name disputes glossary

10 Feb 2012
Posted in Domain Name Law

From “abusive registration” to “passing off” to “typosquatting”, the jargon of domain name disputes and dispute resolution can be impenetrable to the outsider.  Worse, the literature is full of obscurantist acronyms like ACPA, DRS, IND, NAF, TLD and UDRP.  This glossary will help you untangle the mess. Abusive registration This is a key concept under […]

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Introduction to .uk domain disputes

30 Jan 2012
Posted in Domain Name Law

The .uk registry is the world’s fourth largest (after the .com, .net and .de registries). It is administered by Nominet, a not-for-profit company based in Oxford, England. Nominet acts not just as the .uk registry, but also as the .uk dispute resolution service provider. Nominet does not use the UDRP for dispute resolution, but has […]

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