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TRG UPDATE - November 2021

 


Welcome to the latest issue of the TRG Update. Hopefully, you will find it interesting and useful. We are very keen to increase the number of people who receive the Update so please take a minute or two to consider if you have any colleagues or contacts who you think might be interested in receiving future issues. If you forward this edition to them, they can subscribe using the link at the foot of the Update. Alternatively, if they just email us with their details, we will happily add them to our circulation list.

In this edition we feature cases covering:

  • Suspension of payment obligations due to Covid lockdowns?
  • Onerous term buried in standard terms incorporated by reference not enforceable
  • Damages for data security breaches
  • Software created ‘in the course of employment’?

An archive of previous cases featured in our Updates is available here. It now contains almost 300 reports covering cases decided in the last 12 years. We also have an additional unpublished archive which extends the coverage going back a total of more than 20 years covering the whole range of contract related issues. If you need to know about cases on specific topics, please get in touch and we will try to point you in the right direction.

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Suspension of payment obligations due to Covid lockdowns?

Trocadero v Picturehouse Cinemas (High Court) [2021]

Covid-19 has had a critical impact on contracts just as it has on virtually all other aspects of daily life. The financial consequences have been enormous and quite unprecedented. It is therefore entirely unsurprising that the courts are now being asked to adjudicate on disputes related to the impact of the virus. In this particular case, the court had to decide whether the fact that a cinema complex had to close during a lockdown affected the liability of the tenant to continue to pay rent ...  More>>>


Onerous term buried in standard terms incorporated by reference not enforceable

Blu-Sky Solutions v Be Caring (High Court) [2021]

Organisations who routinely contract on standard terms published on a web site and who seek to incorporate such terms by referring to them in a sales document or order form should be aware of the perhaps little known principle of English law which featured in this case ...  More>>>


Damages for data security breaches 

Warren v DSG Retail (High Court) [2021]

Data controllers and data processors face unprecedented financial liabilities for data security breaches both from fines imposed by regulators and potential damages claims from data subjects whose data is the subject of unauthorised access. Damages claims are particularly worrying because of the sheer number of potential claimants. This case is one of the first to consider in detail the basis and extent of such damages claims ...  More>>>


Software created ‘in the course of employment’?

Penhallurick v MD5 (High Court) [2021]

Section 11(2) of the Copyright, Designs and Patents Act 1998 (CDPA) provides that, where works have been created by an employee in the course of their employment, the employer will be the first owner of any copyright in the work subject to any agreement to the contrary. Questions arose in this case regarding the impact of work having been carried out at home, out of office hours and using computers not owned by the employer ... More>>>


This email is intended as general information only and not as legal advice. If you require any advice, please contact us.

© TRG Law Limited 2021

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TRG Updates contain practical summaries of important legal developments in commercial contract law, including information technology and related areas.

TRG BRIEFings are brief ‘alerts’ to key contract, technology and intellectual property related legal issues and developments.

TRG law specialises exclusively in the drafting, negotiation and interpretation of technology, outsourcing and commercial contracts.

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