Public Procurement – High Court Detects Serious Design Flaws in Waste Plant

Amidst the white heat of competition that pervades public contract procurement exercises, tenderers sometimes put in over-ambitious bids which later come back to bite them. In one case, the High Court found that a company’s tender in respect of a local authority waste treatment contract was in important respects based on little more than calculations[…]

Data Protection – Delegating Due Diligence to Others is Rarely Enough

Businesses commonly engage data aggregators and list owners to perform direct marketing campaigns on their behalf. However, as a guideline case showed, such delegation does not relieve them of the obligation to check that recipients of unsolicited messages have given their free and informed consent. The case concerned a price comparison and technology company which[…]

Revolutionary Garden Hose Design Too ‘Obvious’ for Patent Protection

Patents reward originality, and inventions that are obvious developments on pre-existing designs do not qualify for protection, however successful they may be. In a ground-breaking case on point, patent protection was denied in respect of a one-man invention which revolutionised the garden hose market. An inventor working alone in his garden and garage designed an[…]

Judge Right to Bow Out in Arbitrator’s Favour in £93 Million Property Dispute

There is a powerful public interest in parties to contracts having the freedom to agree how any disputes between them should be resolved. That principle underpinned the Court of Appeal’s ruling that a dispute arising from a property company’s brief removal from the Register of Companies must be submitted to arbitration. An aerospace company had[…]