How to use restrictive covenants in commercial contracts
What are restrictive covenants?
Restrictive covenants are contractual clauses which protect one party’s (the beneficiary’s) key commercial interests. These covenants…
Commercial
Choosing your business or brand name – key legal guide
Whether you decide that your brand will be plain block type, stylised or a logo, in colour or black and…
Emma Butcher
About Emma
I joined Moore Barlow in November 2023 as a newly qualified solicitor in the commercial department. I have…
Passing off and trade mark infringement
Background to Equisafety Ltd v Battle, Hayward and Bower Ltd and Dewey
This recent decision in the equestrian sports sector…
Arnab Ray Chaudhuri
About Arnab
I joined Moore Barlow LLP as a solicitor in the commercial team. Having a rich business and accounting…
Webinar: Business contracts: how can you ensure that they deliver?
Make business contracts work for you – an essential ingredient to ensure the smooth running and protection of your business.…
The Coronation Emblem: ‘royalty free’ usage and restrictions
How are you planning on celebrating the King’s coronation on 6th May 2023? Whether you are attending a street party or…
Licensee successfully argues for an implied term in a Formula One case
In a recent decision, the English High Court has, unusually, agreed with a licensee that it was entitled to an…
How to train your AI Dragon
The rapid increase in AI tools can create works of art, prose, music and film has raised concern in the…
Help from the courts with ransomware
The valuable intellectual property of businesses in the tech sector, alongside their potential service roles and access to sensitive customer…
Common mistake and the allocation of risk
One key purpose of a contract is to allow enforcement and performance of what has been agreed between the two…
Understanding employee data and GDPR: A guide to data protection compliance in the UK workplace
Subject to any big Brexit changes in the near future, the UK GDPR and Data Protection Act 2018 (DPA) together…
What Is ESG – Environmental, Social, and Governance – and where did it come from?
The recent COP27 conference has been another reminder of the importance to us all of sustainability and the drive to…
Partner hire bolsters Moore Barlow commercial and technology team
Southeast-based law firm Moore Barlow has announced the appointment of Belinda Walters as a partner in its commercial and technology…
Solent sailing regatta hits £1 million charity donations milestone
The Moore Barlow Silicon Cup Regatta, an annual yacht race between Port Solent and Cowes on the Isle of Wight,…
Webinar: How are businesses harnessing artificial intelligence?
We partnered with Business Leader to host a webinar which looks at how businesses are utilising artificial intelligence (AI) and…
The Moore Barlow Silicon Cup Regatta continues to raise funds for charity
The IT industry’s biggest sailing event is again creating a fantastic opportunity for networking and team building while fundraising for…
English court rejects a claim that rowing machine was not a work of “artistic craftsmanship”
Background to copyright protection
Under the Copyright, Designs and Patents Act 1988, copyright protection is granted to works of “artistic…
Virtual reality check –The use of VR in the medical sector
The global augmented reality, virtual reality, and mixed reality VR (collectively referred to here as “VR”) market reached 28 billion…
Unmasking anonymous reviewers
Zuru -v- Glassdoor
Glassdoor is a US-based website operating in 20 countries across the US, Europe, Asia and Oceania where…
Tailoring your approach to disputes
Disputes over sums of money can be expensive to resolve, so selecting the right approach is really important to achieving…
Man v Machine: Protecting your business in an AI world
The rapid development of artificial intelligence (AI) and machine learning applications is seeing exciting new technologies being introduced to improve…
Where is your data? – new requirements for international data transfers
New UK approved standard contractual clauses for transfers of personal data outside the UK [have been issued] [are in force]. …
Infringing intellectual property rights
The corporate veil will not always protect a director from liability
The recent decision in Lifestyle Equities v Ahmed is a useful…
Avoiding the fruition of risk
Businesses in the technology sector will frequently engage with other professional businesses, for the provision of services, such as consultancy,…
Excluding and limiting liability in commercial contracts
This guidance note provides a brief outline on key points to think about in relation to exclusion and limitation clauses.…
Understanding early termination fees in B2B telecoms: Is an early termination fee enforceable?
The pandemic and its impact on B2B telecom contracts
The COVID-19 pandemic continues to rumble on and whilst the Government…
Tech businesses should always agree clear terms for delivery and performance
Suppliers in the tech sector (and their customers) need to agree delivery and payment dates and clearly understand the risks…
Can an AI system be named the inventor?
The growing developments in the field of artificial intelligence (AI) are having fundamental effects on the worlds of business, technology…
Crypto currency fraud: The approach taken by the English courts
In this article we look at two recent English court decisions relating to cryptocurrency fraud and examine what remedies are…
Cryptoasset advertising rules to be tightened
In January the Government announced its plans to strengthen the rules on cryptoasset advertising and protect consumers from misleading claims. The…
Unlawful direct marketing messages – is it worth the fine?
The Information Commissioner has recently fined We Buy Any Car, SportsDirect.com and Saga a total of £495,000 for sending over…
Data Protection: Courts reduce the type of legal claim available for cyber-attacks
Warren v DSG Retail Limited
Background
In a recent High Court decision that will be welcomed by data controllers and…
The Online Safety Bill: is the proposed law too drastic?
With the best of intentions, the government has now published the draft Online Safety Bill (OSB). It is designed to…
Webinar: Intellectual property and artificial intelligence
As the worlds of business and technology continue to collide, spurred on by all the developments due to COVID-19, Moore…
Don’t bet on your exclusion clause – lessons learned from Green v Betfred
The recent High Court decision of Andrew Green and Petfre (Gibraltar) Limited t/a Betfred is a useful reminder of the…
Indemnities in Technology Contracts
Most suppliers of software and other forms of technology accept that they must indemnify customers if they breach third parties’…
A safer Internet of Things? Risks and future cybersecurity laws
As the technology sector matures, the risks that attach to personal computing are now more manageable. The market for all…
Moore Barlow advises BANAIR (Holdings) on its acquisition of Bright Structures Limited
BANAIR is a growing UK based engineering group with manufacturing in the UK and Poland, and sales markets mainly in…
Webinar: Business contracts and technology
Moore Barlow’s Commercial & Technology law held a webinar on important recent legal developments affecting the drafting and negotiation of…
Webinar: Funding and exploiting your company’s innovation and IP rights
It is estimated that for most SME’s more than 50% of their value resides in intellectual property or other intangibles.…
Kalifa Review on the UK Fintech sector
The UK fintech sector has been a vibrant growth story over the past decade or so and, not surprisingly, the…
Supply chain contracts: Are you up to speed with new insolvency rules?
Recent changes to insolvency law have had a major impact on supply chain contracts across the industry. John Warchus, takes…
How will the National Security and Investment Bill affect tech sector deals?
The Government wants “greater safeguarding powers to ensure that a small number of investments that may aim to harm the…
What’s next for data protection?
The end of the Brexit transition period brings some important changes to data protection laws. If your business transfers personal…
Where does the end of the Brexit transition period leave IP rights owners in the UK?
It is welcome news that the UK has finally secured a reasonably comprehensive Trade and Cooperation Agreement (TCA) with the…
May the force majeure be with you?
As we all navigate the uncharted territory of the coronavirus, in the world of contracts the force majeure clause has…
The effect of the Brexit trade deal on the UK tech sector
The UK technology sector received an estimated £30 billion in investment between 2017 and 2019 – more than in France…
Courts take a strict approach to force majeure clauses
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020]
BackgroundIn Covid-19 times, a recent decision from the Technology and…
The privacy shield is illegal
On 16 July, the Court of Justice of the European Union (CJEU) ruled that the mechanism that allowed the transfer…
Keeping your IP safe
Cyber-crime is reported to be one of the fastest growing areas of crime, often involving fraudsters gaining access to IT…
Facial recognition technology – protecting privacy in a world of surveillance
The use of live or automated, facial recognition (LFR) software by law enforcement in public places is fast increasing in…
Are your trade marks ready for Brexit?
Given the recent (and ongoing) business upheaval caused by COVID-19, many businesses can be forgiven for failing to focus on…
New protection for customers to supply contracts – CIGA 2020
As a result of the Corporate Insolvency Governance Act 2020 (CIGA) coming into force at the end of June, existing…
Webinar: New corporate insolvency rules – What are the risks and opportunities?
The UK Government has recently introduced new legislation to help directors and businesses deal with threats from creditors in these…
Webinar: Artificial Intelligence Technology
How artificial intelligence products and tools can enhance and add value to your business.
Artificial intelligence (AI) is increasingly used…
Business contracts: best by design, not by accident
The massive disruption caused by the COVID-19 pandemic has resulted in many more people working from home resulting in the…
A surge in business interruption claims due to Covid-19
On 23 March 2020, the government mandated non-essential businesses to close and ordered individuals to stay at home except in…
Smart farming – have you got the legal issues covered?
Technology has always played a vital role in the agricultural sector and it should be no surprise that Smart Farming…
Government guidance for commercial contracts impacted by Covid-19
Through the Cabinet Office, the government recently published its guidance on responsible contractual behaviour in the performance and enforcement of…
Smartphone contact tracing and data privacy: the Isle of Wight experiment
On Tuesday 5 May, the government made available the trial of the NHS contact tracing app (“test, track and trace”)…
Remote board meetings: how to get board resolutions passed amidst the COVID-19 crisis
One of the challenges that directors of companies may face during these unprecedented times is holding board meetings and passing…
Directors’ difficult decisions during the COVID-19 lockdown
What can directors continue to do to ensure good governance of their business?
The directors of companies in the UK…
Trade mark strategies in a pandemic outbreak
As with all significant events, novel viruses being no exception, people capitalise on ideas for products and services that could…
Data privacy implications of the Coronavirus (COVID-19) pandemic
Data privacy law has always tried to strike a balance between individual rights and overwhelming social needs. With the COVID-19…
Coronavirus: How to deal with stamping formalities on the sale of shares
As UK companies continue to deal with the ever-changing effect on day to day business as a result of Coronavirus…
Wrongful trading rules suspension: be careful what you wish for!
Due to the material impact of the Coronavirus outbreak on UK business, the Government announced on 28 March amendments to…
Coronavirus (COVID-19) – Force Majeure and avoiding contractual uncertainty
This article examines the ongoing coronavirus public health crisis and its impact on contracts, the ability to terminate or cancel…
How can I support my customers without giving up my legal rights?
The impact of Coronavirus has meant that many retailers and other businesses have had to close their premises or are…
Coronavirus: Key points for terminating contracts
As the business upheaval of Coronavirus increases day by day, we have been approached for advice by a growing number…
John Warchus
About John
I am a specialist in all areas of commercial and technology law and provide advice to clients in…
Dorothy Agnew
About Dorothy
I specialise in Information Technology, Telecommunications, Intellectual Property, Data Protection and Privacy. In particular I advise on IT…
Coronavirus: The impact on commercial contracts
Can I (or the other party) get out of an onerous contract because of coronavirus? …
Coronavirus – How safe is your supply chain?
As coronavirus quickly develops from a local to a global threat, there are also increasing commercial concerns in relation to…
The corporate veil: an overview and update from recent cases
What is the “corporate veil”?
A key feature of a limited company under English law is that it exists as…
Avoiding IR35 – The importance of getting your contract right
From 6 April 2020, new IR35 rules come into force which mean that medium and large private sector companies in…
The use of social media by employees and how social media policies have been used by companies
Social media has revolutionised the way people communicate. With people increasingly creating andsharing content online, the nature of that communication…
Trade marks – creating a level playing field for businesses
Bentley 1962 Limited and another v Bentley Motors Limited
The High Court has recently handed down a decision in a…
The Internet of Things (IoT): Helpful or Harmful?
The outstanding progression of technology in the 21st Century has resulted in the phenomenon known as ‘the Internet of Things’;…
Data Protection – How to deal with Subject Access Requests?
Rudd v Bridle
Following the arrival of GDPR there has been a notable increase in the number of subject access…
British Airways to be fined a record £183 million for data breach
The Information Commissioner’s Office (ICO) has published its intention to fine British Airways £183.39 million under the General Data Protection…
Scaling Up for Success
Moore Blatch has recently partnered with Smith & Williamson to deliver a series of four Scaling up for Success seminars in…
Ensuring distribution agreements comply with UK and EU competition law
UK and EU competition law prohibits anti-competitive agreements between businesses. There are heavy penalties for infringements. When setting up a…
Can we sue our new robot overlords? – The rise in AI and legal liability
The rapid development of artificial intelligence (AI) and machine learning applications is seeing exciting new technologies being introduced to the…
Getting out of onerous contracts – The Brexit effect
Whatever your views on Brexit, the ongoing saga is recognised in many quarters as being bad for UK Plc due…
Google hit with largest GDPR fine of £44 million
Earlier this year, Google was fined £44 million (50 million euros) by the French data regulator for breaching the data…
Moore Blatch advises Crave Interactive Limited on its investment from Thailand’s True Corporation
Moore Blatch has advised Crave Interactive, the world-leading developer of cloud-based digital guest service solutions for hotels, on its major…
Data breaches by rogue employees – employers still liable: Vicarious liability applies
The Court of Appeal recently upheld a decision of the High Court that found Morrisons Supermarkets vicariously liable for the…
Moore Barlow’s top rules for transactions
Benjamin Franklin said “by failing to prepare, you are preparing to fail” and that is never more than true in…
Is Privacy Shield still adequate for data transfers to the US?
In July 2016, the European Commission formally adopted Privacy Shield, a new framework for exchanges of personal data between the…
Start-up visas for tech companies – what’s all the hype about?
During this year’s London Tech Week, a new visa route aimed at the tech industry was announced. The Start Up…
Goodlife Foods Limited v Hall Fire Protection Limited
A recent case ‘Goodlife Foods Ltd v Hall Fire Protection Ltd’ has once again shown that the courts often place…
Question and answer – Morgan Innovation and Technology Ltd
A family run innovation company, Morgan Innovation and Technology Ltd design, develop and manufacture innovative products in medical, defence and…
ICO gets tough: Equifax fined £500,000 under the “old” rules for very serious data breach
The recent introduction into UK law of the more stringent General Data Protection Regulation rules (GDPR) has certainly raised awareness…
The importance of insurance in exclusion of liability clauses
Goodlife Foods Limited v Hall Fire Protection Limited
This decision has once again shown that the courts often place considerable…
Update on EMI Options – 2
You will be aware from our EMI Option Scheme update found here that there was a lapse in the State Aid Approval…
Are you GDPR compliant?
From 25 May 2018 the largest ever overhaul of UK data protection law will take effect that all organisations must…
GDPR and Immigration Exemptions
In a few weeks, data protection rules across Europe will experience their biggest change in the last 20 years. On…
EMI Schemes in technology businesses
Forgive me for harping on, but I am passionate about EMI Schemes and their benefits. If you are not, allow…
The rise of the autonomous vehicle… the long road ahead
When Leonardo De Vinci first sketched a rough blueprint for a self-propelled cart 500 years ago could he have imagined…
How to make your IT outsourcing contracts work for you
For thousands of businesses across the UK, outsourcing IT provides greater value, a better return on investment and peace of…
Countdown to GDPR day – Top tips 1: Consent and the GDPR
Under the GDPR, consent needs to be “…freely given, specific, informed and unambiguous…” In other words, consent will only be…
Can Wi-Fi providers be liable for the actions of their users?
Many cafes, restaurants, hotels and shops provide free Wi-Fi to customers, this may often be provided free of charge with…
Database rights: Technomed v Bluecrest Health Screening
Databases can be protected by database right and/or copyright. A recent spat between the supplier of an internet-based electrocardiogram (ECG)…
Moore Blatch celebrates record year in Legal 500 rankings
Moore Blatch, a top 100 law firm with offices in Southampton, Lymington, Richmond and the City of London, has been…
Moore Blatch advises on acquisition of Phoenix Software by Bytes Technology Group Limited
Leatherhead based major Microsoft reseller Bytes has acquired public sector focused Phoenix, one of the most established UK IT resellers.…
Brexit will not save you from new EU data protection rules!
On 25 May 2018, the largest ever overhaul of data protection laws in the EU will take effect. Businesses must…
Moore Blatch advises on Poole based Blue Chip Data Systems sale
Leading national IT services company Blue Chip, which has its head office in Poole, Dorset has been acquired by major…
Moore Blatch advises the Sellers of Inframon Ltd on their sale to Ensono Limited
US IT Service provider Ensono has acquired Reading based specialist cloud service provider Inframon, with legal advice being provided by…
Breaking records for all the wrong reasons – lessons to be learnt from TalkTalk
In what has become a stark reminder to all companies to take appropriate measures to protect customer data, TalkTalk has…
Facebook and others lose $500 million virtual reality headset case
A US Court has recently ordered social media site Facebook, virtual reality headset developer Oculus, the co-founder of Oculus and…
Changes to Anti-Money Laundering Regulations may soon affect online lettings businesses
There are an increasing number of businesses solely providing lettings services via online platforms and apps. Businesses purely providing lettings…
A summary of the new General Data Protection Regulation
The new General Data Protection Regulation (GDPR) will become directly applicable in all member states on 25 May 2018. It…
Spinning out without falling over
When a spin-out company is successful the results can be spectacular. In 2014 Zynga Inc acquired NaturalMotion, a leading games and technology company…
Moore Blatch advises on SecureData’s purchase of Cygnia Technologies
SecureData, a leading cybersecurity services and solutions provider, has acquired cybersecurity company, Cygnia Technologies Ltd, with the legal advice being…
Richmond based graphics trailblazer sold to Malaysian online photo provider
Directories Today Ltd, one of the UK’s leading online sellers of graphics and text fonts, has been purchased by Malaysian…
Moore Blatch support the sale of Hamble River Deacons Boatyard to Dean & Reddyhoff
South coast marina operator, Dean & Reddyhoff Ltd, has announced the purchase of Solent based Deacons Boatyard and Marina from…
Mobile communications technology IP company receives significant funding
AccelerComm Ltd, a company specialising in mobile communications technology, has received significant investment from leading intellectual property commercialisation company IP…
Moore Blatch advise on Sky deal with Chrysalis Vision
The team behind the long running Midsomer Murders franchise, who in 2014 founded Chrysalis Vision, has received a significant investment…
