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Dispute Resolution Law Blog

27 July 2016

The online marketplace and the traditional marketplace: What’s the difference? Blocking websites and injunctions against market operators to prevent sale of counterfeit goods

Two recently reported cases have underscored the steps that can be taken by intellectual property rights holders to prevent the sale of counterfeit goods, both on the online marketplace and in traditional physical markets.

19 July 2016

Legal update: Claimant’s delay proves fatal when making application for relief from sanctions

Goldcrest Distribution Ltd v (1) Charles Joseph McCole (2) Mary Orr McCole (3) Jeremy Willmont (Trustee in Bankruptcy of Charles Joseph McCole)

This case concerned the Claimant’s conduct in its application for relief from sanction following a successful default judgment hearing and in the litigation process more generally. The Claimant applied to set aside a default judgment entered against it by the Second Defendant after the Claimant failed to file a defence to a counterclaim
 

14 July 2016

Decline of the English Sex Scandal – why you can never get a good sex scandal these days (with apologies to George Orwell)

It is a Sunday afternoon –you put your feet up on the sofa and open the Sun on Sunday.What is it that you want to read about? Naturally - about a sex scandal. But what kind?

28 June 2016

Property transaction deemed an ‘unconscionable bargain’ but not enough of a bargain to overreach a mortgage interest

On 17 June 2016 the Court of Appeal held in the case of Mortgage Express v Laura Lambert [2016] EWCA Civ 555 that a transaction to purchase a property for £30,000 with a true value of £120,000 amounted to an unconscionable bargain. However, due to Ms Lambert’s failure to disclose her true arrangement and interest in the property, it could not amount to an overriding interest and so was capable of being overreached. 

15 June 2016

Legal Update: Landlords’ successful appeal in clawing back lion’s share of costs serves as note of caution to tenants

Sinclair Gardens Investments (Kensington) Ltd v (1) Paul Kenneth Charles Wisbey (2) Lesley Barbara Mary Wisbey [2016] UKUT 203 (LC)

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