Damages for Late Payment of Insurance Claims

The Enterprise Bill 2015-16 adds two new sections 13A and 16A to the Insurance Act 2015, which have which are proving rather controversial in some quarters in the insurance industry. Section 13A if it becomes law, will require insurers to pay insurance claims within a reasonable time, and to pay contractual damages to their insured if they do not do …

Consumer Rights Act 2015

The key provisions of the new Consumer Rights Act 2015 came into force on 1st October 2015. The Act clarifies a consumer’s rights when goods or digital content do not do what they said on the tin that they would do, or when services have not been provided with reasonable care and skill. It also sets out the new requirement …

Safe Harbour Not so Safe

Under the terms of the European Privacy Directive 95/46EC (and in the UK, the Data Protection Act 1998), European based data controllers are prohibited from transferring personal data outside of the European Economic Area, to associated companies or third parties, unless the non-EEA country adequately protects personal data and the rights of personal data subjects. The only countries, which have …

Arbitration vs Litigation

Clients sometimes ask us why in some commercial contracts we recommend that disputes are handled through the English courts, but in others, we recommend an arbitration clause. Sometimes it comes down to a question of judgment but there are factors, which weigh more heavily in favour of one choice rather than the other. First of all, let’s be clear, that …

We’ve joined Wired Sussex!

Mirkwood Evans Vincent are delighted to have joined Wired Sussex. We are a niche commercial law practice, specialising in Business Technology law and Construction & Property law. We have offices in Brighton, Bristol and London, but Brighton is the home town of both of our founding partners, Corinne Vincent and Katherine Evans, and so we are really looking forward to …

EU vs UK Intellectual Property Rights – Unauthorized use of Photographs on Website

The case of Absolute Lofts South West London Limited v Artisan Home Improvements Limited and another (2015) EWHC 2608(IPEC) is an Intellectual Property Enterprise Court case, where the judge was asked to determine the damages for use of over twenty photographs on the website of a home improvement services company, in circumstances where the photographer’s consent had not been obtained …

Is a public authority an “economic operator” for the purposes of the EU public procurement rules?

(Case C-203/14: Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva) was a case referred to the European Court of Justice (ECJ) by the Spanish authorities. The question they wanted answered was whether a public authority such as a local council could be considered as an “economic operator” for the purposes of the Public Sector Directive …

Geo-Blocking of Copyrighted Material Across the EU

The free movement of goods and people across the EU does not apply to the purchase of television programmes, films or music. Unsurprisingly, TV broadcasters and film distributors are opposed to removing geo-blocking techniques, which prevent their services from being used on a cross border basis. However, a resolution adopted by the European parliament on July 9th has called for …

Opt In vs Opt Out for Email Communications – the Turkish Approach

We are hearing that the strict new opt in rules for sending emails to prospective customers in Turkey are making life very difficult for companies trying to break into the Turkish market. Interestingly it seems that also seems that actually securing consent is generating a lot more communications than just sending the emails! Under the new rules, it is up …

Russian Data on Russian Servers – Yikes it’s the Law

Despite vociferous international protests to Roscomnadzor, the Russian data protection authority, the law requiring the data of Russian citizens to be stored on Russian servers became law on 1st September 2015. There has still been no official clarification on whether the law requires that no data of Russian citizens can be stored outside of Russia or whether it is merely …