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The case of Dame Vivienne Westwood v Anthony Knight [2011] EWPCC 008 witnessed the first trial heard by HHJ Birss QC under the new Patents County Court (PCC) procedural rules.
Issues of trade mark infringement, copyright infringement, and passing off aside, the judgment has attracted interest because of Judge Birss’ flexible and streamlined approach to trial management.
In particular, the solicitors for the claimant complimented the new regime stating that it provided a “faster, cheaper way of getting expert justice in IP cases”. As an example, the Court ordered a telephone hearing a few days before trial in order to address issues which would have otherwise taken up valuable time at trial.
The case highlights Judge Birss’ hands-on approach to case management and makes the PCC look very attractive as a faster and cheaper alternative to the High Court, particularly for claimants who feel confident that they can fund their case within the £50,000 costs cap.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
A tenant who does not want to be forced to complete a lease if an obligation in the agreement for lease is breached must provide expressly for this in the agreement.
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