Lehtimaki Article
On 29 July 2020, the Supreme Court of the United Kingdom handed down its Judgment in Lehtimäki and others v Cooper [2020] UKSC 33, which confirmed that members of Charitable Companies in the United Kingdom are fiduciaries and must therefore make decisions and act in the companies’ best interests (that is, to serve the purposes […]
Calderbank Offer or Offer of Compromise?
Both a Calderbank and Offer of Compromise serve the same dual purpose: to provide parties an opportunity to settle proceedings early to save on time and costs and where absent settlement, to protect the offering party by having the offer confidential and protection with costs. In practice a Calderbank Offer and Offer of Compromise have […]
Casual Employees – A Win For Workers
Win For Workers The High Court handed down Judgement that has overturned a Lower Court Judgment on Wednesday, 4 August 2021 that will pave the way for long-term casual workers to be paid leave entitlements. The Federal Court in May 2020 found workers employed on a regular, permanent basis were not casual employees under the […]
Can You Trademark a Store Design? Apple Wins.
The German Federal Patent Court recently confirmed the decision that the design of the layout of a retail store can potentially be registered as a trademark. In Apple Inc. v Deutsches Patent-und Markenamt, Apple sought to register a representation that it described as “the distinctive design and layout of a retail store” as a trademark. […]