Ian De Freitas

Oct 21, 2024 | farrer.co.uk | Ian De Freitas

There has been a spate of cases recently concerning the liability of directors in tort for the wrongful acts of others. On 18 October 2024, the Court of Appeal considered this issue in the context of a claim for breach of confidence. In another blow to claimants trying to fix directors with liability, the Court of Appeal unequivocally held that liability for a breach of confidence is not strict. BackgroundThe case is Kieran Corrigan & Co Ltd -v- Timol [2024] EWCA Civ 1233.

Jun 24, 2024 | farrer.co.uk | Ian De Freitas

In Harrison v Cameron, the English court has given important guidance on a number of issues relating to Data Subject Access Requests (DSARs). The main issue in this case was whether recipients of DSARs could be compelled to disclose the identity of those with whom they had shared the requester’s data. Ultimately the court agreed with stance taken by the defendants that it was right to refuse to disclose the identity of those third parties to the claimant.

Apr 8, 2024 | farrer.co.uk | Ian De Freitas

The Court of Appeal has largely upheld the findings made against Tesco last year that its Clubcard logo infringes Lidl’s brand. In doing so, the appeal court endorsed the judge’s summary of the law on trade mark infringement under Section 10(3) of the Trade Marks Act and Passing Off. Applying those laws to the facts, the Court of Appeal expressed doubts as whether it would have come to the same view as the High Court Judge but thought that the judge’s view was not “rationally insupportable”.

Mar 26, 2024 | farrer.co.uk | Ian De Freitas

In a decision handed down by the UK Supreme Court in March 2024, Amazon’s US based website has been held liable for trade mark infringement in the UK for marketing products for sale to customers based here. The case impacts any overseas website selling into the UK market. It sets out the factors the UK courts will consider in determining whether customers are being targeted here and is therefore important for sellers to understand what exposes them to UK infringement claims.

Mar 4, 2024 | farrer.co.uk | Ian De Freitas

The High Court has dismissed an application to join a General Counsel (GC) as a party to a passing off claim. The case offers some comfort to in-house lawyers that, when advising their employer and offering them legal support in relation to a rebrand, they are very unlikely to be held liable for any resulting infringement of a third party’s rights. However, the decision also points to when in-house lawyers might cross the line into personal liability.