BIICL guidance for contractual disputes

two men shouting at each other in dispute

The British Institute of International and Comparative Law (BIICL) have released its third note in its ‘Breathing Space’ series. Its first note expressed a concern that the courts could be overwhelmed with a surge of litigation and arbitration due to parties strictly enforcing their legal rights in response to the current pandemic, which could disrupt […]

What is misrepresentation in passing off?

two goldfish - one has more stuff inside the bowl than the other

In a claim of passing off the claimant must prove a misrepresentation by the defendant to the public, which has led or is likely to lead the public, into believing that the goods or services offered by the defendant are the goods or services of the claimant. The public do not need to know the […]

What is passing off?

pug with a suit on and shades

Passing off is a tort which is an actionable civil wrong. It is committed when someone sells goods or services which mislead potential or actual customers into thinking that those goods or services are provided by another. Passing off is an attempt to capitalise on another person’s goodwill and reputation, as well as stealing trade […]

Social Media Defamation

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Having a presence on social media as a business can be valuable. It can increase your audience, boost your brand, and give the ability to communicate with potential customers instantly.  However, social media does also create risks such as defamation. Material posted on social networking sites such as Twitter and Facebook can be malicious and […]

Is your business being harmed on social media? (Civil)

This article will briefly discuss some of the legal grounds on which a business or individual can challenge online content, particularly on social media. If you find objectionable content online, you need to consider what legal reason you may have to object. You may have a civil cause for action such as: Defamation: Statements made […]

Is your business being harmed on social media? (Criminal)

woman holding her phone - browsing through personal data

This article will briefly discuss some of the legal grounds on which a business or individual can challenge online content, particularly on social media. If you find objectionable content online, you need to consider what legal reason you may have to object. You may have a criminal cause for action such as: Criminal Harassment: As […]

How to respond to social media misuse.

Solicitor dressed as a superhero

Two other articles have discussed the legal basis for objecting to online content regarding yourself or your business but how should you respond to such misuse. The appropriate response in one scenario is unlikely to equally work for another. The complainant should consider the following factors:   Impact of their own life/business. Likely effect of […]

How to reveal the identity of an anonymous social media abuser.

typing on a keyboard

Using social media platforms as a business can be extremely valuable. Most people tend to use some form of social media. Social media can allow your business to reach a much wider audience than traditional methods. Communications and recommendations can be instant, but it can go wrong. Maybe you have made a statement or shared […]

How to resolve a dispute without going to court!

two men shouting at each other in dispute

Alternative dispute resolution (ADR) can offer a cheaper and happier outcome than taking a case to court, as litigation through the court can be time consuming, expensive, and difficult. In 1995, the Lord Chief Justice said that legal representatives must make sure that their clients are aware of using ADR before taking a case to […]

Why you must protect your client’s data!

image to represent data protection

This week (18/08/20) it has been reported that British-American cruise operator, Carnival has been the victim of a ransomware attack, which has likely resulted in a major data breach. The attack was discovered on 15 August 2020 and promptly reported.  The ransomware attack accessed and encrypted a part of one of its brand’s IT systems. […]