June - 2020

William Kanaan

Service of Papers During Lockdown

A solicitor acting for a claimant served particulars of claim on 25 March (i.e. two days after lockdown) at an empty and closed office...

William Kanaan

Employer’s Duty to Conduct a COVID-19 risk assessment

Can an employer force an employee to return to the office? Pre-COVID 19, the short answer would be (in most cases) yes. If an employee...

William Kanaan

COVID-19: IPO announces date for end of "interrupted period"

The Intellectual Property Office declared 24 March 2020, and all subsequent days until further notice, “interrupted days”. This means...

William Kanaan

Changes to Coronavirus Job Retention Scheme 1 July 2020

From 1 July 2020, the UK Government's Coronavirus Job Retention Scheme will be changing significantly. From that date, employees who have...

William Kanaan

Privilege – referring to the effect but not content of legal advice may constitute waiver

The High Court has determined that privilege had been waived by repeated references to the involvement of lawyers, even though the...

William Kanaan

COVID-19 and frustration of contract

The common-law doctrine of frustration of a contract applies where an unforeseen event occurs that is neither party’s fault but that...

William Kanaan

COVID-19 and force majeure clauses

Commonly found in contracts, force majeure clauses can alter obligations and/or liabilities when an extraordinary event or circumstance...

William Kanaan

Vicarious liability and data protection - Morrisons

The Supreme Court has ruled that Morrisons, the supermarket company, was not vicariously liable for the actions of an employee who...

William Kanaan

Reputation and distinctiveness of opponent's mark not relevant to assessment of similarity

The ECJ has annulled the General Court's decision that an opposition to the registration of a figurative mark, based on an earlier EU...

William Kanaan

Charitable incorporated organisation members' duty to act in good faith is subjective

In a case involving a dispute between two parties in a church, which was being re-structured as a charitable incorporated organisation...