Commercial Update - October 2017

Welcome to the Commercial Update - an e-bulletin from the Commercial team at S&B, containing news about recent and topical developments in commercial and trading law.

Contact our experts for further advice

Beverley Whittaker, Beverley Flynn
  1. Loan facility agreements: when does one party deal on the other's written standard terms of business?

    In a recent case, African Export-Import Bank and Others v Shebah Exploration & Productions Co Ltd & Others [2017] EWCA Civ 845, the Court of Appeal provided some clarity on when negotiation and amendment of “written standard terms of... Read more
  2. High Court implies public law limitations on a contractual discretion

    In a case which may surprise (and possibly alarm) lenders and their advisers, the recent decision of the High Court in Watson v Watchfinder.co.uk [2017] EWHC 1275 illustrates the potential pitfalls for commercial parties with a (seemingly absolute)... Read more
  3. Construing limitation and exclusion of liability clauses in construction contracts

    Persimmon Homes Ltd & Ors v Ove Arup & Partners Ltd [2017] EWCA Civ 373 Case Summary A property development consortium comprising Persimmon Homes, Taylor Wimpey and BDW brought a claim for damages against Ove Arup (a civil engineering firm) for... Read more
  4. Supreme Court Rules on Conflicting Contractual Standards

    In MT Højgaard A/S v E.ON Climate and Renewables UK, the Supreme Court has found the contractor liable to comply with a more onerous “fitness for purpose” obligation contained in a technical schedule despite less onerous obligations... Read more
  5. Luxury suppliers may ban sales on internet marketplaces?

    AG opinion in Coty case: A luxury supplier may ban its authorised resellers from selling its products on an internet marketplace provided selective distribution criteria are met On 30 March, the Court of Justice of the European Union (the... Read more
  6. European Commission publishes its final report on the e-commerce sector enquiry

    On 10 May 2017, the European Commission (the “Commission”) published its final report on the e-commerce sector inquiry. The report deals with factual findings and competition concerns in relation to consumer goods and separately digital content.... Read more
  7. Brexit and EU Data Protection Reform: House of Lords Report

    The House of Lords EU Home Affairs Sub-Committee recently published a report on the EU Data Protection reforms and the impact of Brexit. The report acknowledges the importance of maintaining unhindered personal data flow between the EU and UK post-Brexit and... Read more
  8. Airbnb agrees to amend online review system

    Airbnb has agreed with the Competition and Markets Authority ( CMA ) to change its online review system. The change means guests who decided not to stay at a property will be able to leave reviews. This comes as part of the CMA’s on-going work to... Read more
  9. International Commercial Transactions, Franchising, and Distribution - The Year in Review

    Nicola Broadhurst, Head of Franchising, reviews the Modern Slavery Act in the American Bar Association's Section of International Law annual publication. This article reviews 2016 legal developments to the field of international... Read more
  10. CAP to issue new standards on gender stereotyping in advertising

    The Committee of Advertising Practice (CAP) will issue new standards on gender stereotyping in advertising. These will aim to address concerns about the harmful effects that gender stereotyping can have on children, young people and adults. The CAP... Read more
  11. European Commission opens three investigations into suspected competition law infringements in e-commerce

    The European Commission (the “Commission”) has formally opened the following three investigations into suspected competition law infringements in e-commerce: The Commission is investigating whether Asus, Denon & Marantz, Philips and Pioneer... Read more
  12. European Commission fines Google 2.42 billion Euros for breaching EU competition law by abusing its dominant position

    The European Commission (the “Commission”) has fined Google €2.42 billion, the largest EU fine imposed on a company for infringing EU competition law. The Commission considers that Google abused its dominant position as a search engine by... Read more
  13. New Guidelines on Privacy Impact Assessments under the GDPR

    Some organisations are already familiar with using ‘data protection impact assessments’ or ‘privacy impact assessments’ (“PIAs”) as a way to identify and mitigate risks associated with personal data processing.  PIAs... Read more
  14. New guidance for employers on data processing

    Given the rapid adoption of new workplaces technologies and ahead of the General Data Protection Regulation (“GDPR”), the Article 29 Working Party has released a new opinion on processing personal data in the context of the workplace.  The... Read more
  15. Report into whether franchising can help create quality jobs in London

    The International Centre for Social Franchising (ICSF) has released a new report ‘Franchising: The Potential to Create Quality Jobs in London’ which looks at the potential of franchises to provide quality employment for low income groups in... Read more
  16. Government Outlines Plans for New Data Protection Bill

    The Government has issued a Statement of Intent outlining its plans for the new UK data protection law.  The new law will update existing rules, replace the Data Protection Act 1998 ( DPA ), and implement the provisions of the EU General Data... Read more

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