Commercial Client Update Newsletter - October 2010

The Recession May Be Bad, But It Isn't Frustrating

One of the reasons a contract can be abandoned is that the performance of the contract is ‘frustrated’ – something happens which makes it impossible to complete.

In August 2007, the builders Barratt contracted with site owner Gold Group Properties Ltd. to build a large number of houses and flats. The nature of the agreement was that once the properties were built, they would be sold and the sale proceeds would be shared between Barratt and Gold. The contract was in the form of a ‘development agreement’.

Smell-Alikes Cannot Say What They Smell Like!

The Court of Appeal has issued its ruling in an interesting intellectual property (IP) case, involving copycat scents, which follows recent European rulings.

The case was brought by l’Oréal and other makers of luxury perfumes. They took exception to a business publishing a table showing its own brands and which luxury brands they resembled. Although the packaging of the ‘smell-alikes’ was also similar, the Court considered that this was unlikely to mislead the public so did not infringe the manufacturers’ trade marks.

Appeal Court Upholds Eight-Year Ban on Director

A case concerning a company director who was disqualified from acting as a director serves as a reminder of the circumstances in which the court will reverse such a decision.

It involved a man whose conduct was judged to have fallen below the standards of probity and competence appropriate for a person acting as a director of a company, after taking into account all the extenuating circumstances.

'Without Prejudice' Comments Inadmissible

A company recently failed to persuade the Court of Appeal that ‘without prejudice’ comments made by the company it was in dispute with should be admitted as evidence in court.

Without prejudice material is material which is used in negotiation on the understanding that it will not be referred to in court. The principle allows parties to a dispute to negotiate without having their hands tied by the consideration that everything that passes between them may be given in evidence. Only in rare circumstances is the principle breached.

Funny Bit at the End - Lawyers get a 'bad rap'

We’ve all heard of lawyers getting a ‘bad rap’ from time to time in the press. This lawyer has produced another kind of rap – www.justinconseil.fr/index.php which you may find amusing (just make sure your computer’s speakers are turned up!). If you ever need a lawyer in France, this one will surely spring to mind!