My blog

The P2B Regulation – regulating the e-commerce gatekeepers

13/07/20 – The EU Platform to Business Regulation (the ‘P2B Regulation’) came into effect on 12 July 2020.  The P2B Regulation applies to all online platforms and search engines which provide services to business users in the EU, where those business users offer goods or services to consumers in the EU.

Read more »

Government’s response to the Law Commission’s report on Electronic execution of documents

12/03/20 – The UK government has issued a Statement in response to the Law Commission’s report on Electronic execution of documents.  My article on the Law Commission’s report can be accessed here. Key takeaways from the government’s Statement: The government agrees with the report’s conclusion that businesses and individuals can feel confident in using e-signatures […]

Read more »

AA v Persons Unknown – recovering Bitcoin ransom payments

10/02/20 – In AA v Persons Unknown [2019], the Commercial Court confirmed that cryptoassets such as Bitcoin can constitute property under English law, and are therefore capable of being subject to a proprietary injunction (i.e. a court order which prevents the defendant from dealing with the relevant property). The judgment refers extensively, and gives considerable […]

Read more »

UKJT’s Legal Statement on the Status of Cryptoassets and Smart Contracts

04/12/19 – Prompted by a perceived need to provide legal certainty and market confidence in distributed ledger technology (DLT) and smart contracts, the UK Jurisdiction Taskforce (part of the LawTech Delivery Panel) published a Legal Statement on the Status of Cryptoassets and Smart Contracts on 18 November 2019.  The Statement follows on from a consultation launched […]

Read more »

CMA alleges resale price maintenance by guitar firm Fender

22/10/19 – The Competition and Markets Authority (CMA) has made a provisional finding that Fender Musical Instruments Europe Limited operated a policy between 2013 and 2018 which required online retailers to resell Fender’s guitars at or above a minimum price.  This practice constitutes illegal resale price maintenance (RPM) under: The Chapter I prohibition of the […]

Read more »

Law Commission’s report on Electronic execution of documents

25/09/19 – Following a project focusing on uncertainties regarding the formalities around the electronic execution of documents, the Law Commission issued its report on Electronic execution of documents on 6th September 2019. Key takeaways: Electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature. An electronic signature is […]

Read more »

Legal know-how: “subject to contract”

The phrase “subject to contract” should be used when you are negotiating what you expect may in the future become a binding contract, but not yet.  So when negotiating a letter of intent or heads of terms, it is a useful way of making it clear that, although the key terms of the transaction are […]

Read more »

Best and reasonable endeavours

If you are involved in negotiating commercial agreements, you are likely to have come across situations where either you or the other side is unwilling to agree to an absolute obligation (eg “the Distributor shall achieve sales of the Software of at least £1 million in the first 12 months….”), but agrees to use its […]

Read more »

Selling second hand software

It is usual for a perpetual software licence to be sold on the basis that the licence is non-transferable, ie that the purchaser (licensee) cannot resell or otherwise assign the licence to a third party.  And it was previously thought that the EU principle which prevents the owner of an article from controlling the downstream […]

Read more »

Get in touch

  • Your email address will only be used to respond to your message