Google Wins ‘Right To Be Forgotten’ Case
The European Court of Justice (ECJ) ruled that Google does not have to apply the ‘right to be forgotten’ worldwide, only in Europe. This means that Google must remove outdated information or irrelevant links from the European version of its search re …
Raising awareness during Alzheimer’s Month – September 2019
September is Alzheimer’s month and provides an opportunity for organisations and individuals to raise awareness of the disease and to do all that we can to support those living with it. Here at Franklins Solicitors LLP, 71 members of staff have become …
Concerned about Court costs? How to avoid litigation by including a mediation clause in your contracts
The High Court in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) (16 August 2019) determined that the parties were contractually bound to mediate their dispute before turning to court proceedings. Proceedings had already bee …
Ariana Grande suing Forever 21 for lookalike model
Ariana Grande claims that Forever 21 is benefiting from her popularity and fame by using a “lookalike” model for its advertisements to promote its products. The singer alleges that the retailer hired a model who barred “uncanny” resemblance to her afte …
Breach of Contract: Questions my solicitor could ask
You find yourself in a breach of contract situation and now seek help and guidance. Are you entitled to damages to compensate you and if so, how they will be assessed? When preparing to discuss this with your Solicitor, it is helpful to have the follow …
If you are out of time, you are out of time – right?
Not necessarily. The Court of Appeal in the case Cowan v Foreman [2019] Civ 1336 provided that a claim for reasonable provision can be made out of time. Section 4 of The Inheritance (Provision for Family and Dependants) Act 1975 (“The Act”) provides th …
What is a Letter of Claim?
A Letter of Claim, which is often referred to as a Letter Before Action is the first and most important step that must be taken before the commencement of any Court proceedings. Once drafted and sent, the Letter of Claim puts the Defendant on notice th …
Contracts – Answering your questions!
We regularly advise clients on contract disputes. The following are some of the key questions we are asked- Do I have a contract? There are a number of elements to a contract; namely:- An Offer An Acceptance Consideration – best described as one thing …
What are the repercussions of a GDPR breach by employers?
A GDPR breach can be a costly error for employers! To ensure compliance with these stringent regulations as an employer it is essential to be able to determine where your responsibility lies. It is important to establish your status prior to the proces …
What is an indemnity and exactly how important is their inclusion in commercial contracts?
What is indemnity? In simple terms an indemnity is a form of contractual promise that seeks to provide for payment in the instance that a certain event or set of circumstances occur, which usually arises on a breach of contract. The purpose of an indem …