Modern day businesses can have various significant moveable assets that they would like to utilise for the purpose of raising Bank finance. For example, many technology businesses are rich in Intellectual Property and would like to use those assets as collateral. Likewise, an engineering business may wish to raise finance by using its large scale machinery as collateral. The law in Scotland does not make this easy and it generally encourages Banks to seek security that relates to heritable property. English law is much more advanced than Scottish law in this regard. However, the aim of the Moveable Transactions (Scotland) Act 2023 (MTA) is to make lending in relation to moveable property easier via the introduction of the Statutory Pledge.
In Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC), Judge Keyser KC determined that the Adjudicator had taken “an erroneously restrictive view of his jurisdiction” by failing to consider certain cross-claims advanced by the Responding Party as part of its defence to a claim for payment.
In a landmark trademark infringement decision issued on 6th March 2024, the UK Supreme Court upheld a Court of Appeal decision against Amazon for targeting of UK consumers.
In the ever-changing landscape of Qualified One-Way Cost Shifting (“QOCS”), Defenders have found themselves fighting an uphill battle to recover their expenses (costs) if an action is successfully defended. QOCS is designed to avoid personal injury Pursuers who are simply unsuccessful at Proof with the defender’s version of events being preferred, being found liable for the Defenders’ expenses.
For many, it has been a long held wisdom that the application of data protection law applies only to information which is held in recorded form. Those with prior experience of dealing with subject access requests know only too well that any complaints about a colleague or a customer should be made verbally and never in writing. It appeared then to be a natural extension of that reasoning that data protection law did not apply to any disclosures which were made verbally as opposed to in any written form, whether email, direct message or letter.
