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In B v Erinvale, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The courts decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision. Summary This case concerned an application made by B under Article 51 of the Trusts (Jersey) Law 1984 to be added as a beneficiary of the A Settlement in her own right. B was already a bene...

Salam Air SAOC v Latam Airlines Group SA ([2020] EWHC 2414 (Comm)), the Commercial Court: dismissed Salam Airs application for an injunction against Latam, which sought to prevent Latam making a demand for payment under three letters of credit issued in its favour; and rejected Salam Airs argument that the COVID-19 pandemic had frustrated the underlying aircraft leases. Facts In 2017 Salam Air accepted a delivery of three aircraft from Latam, which were leased to it pursuant to operating lease ...

Introduction Following its exit from the European Union, a key aspect of the United Kingdoms trade policy has been to conclude free trade agreements (FTAs) with other countries and trading blocs (for further details please see "Back to basics: free trade agreements"). To that end, the United Kingdom has been negotiating roll over FTAs to replace the European Union ones. (1) This includes the most significant of the United Kingdoms FTAs, the Trade and Cooperation Agreement (TCA), which was concl...

Facts Dairy Partners was a British producer of kneaded cheeses (eg, mozzarella) for the business market in 23 countries, including the Netherlands. It was a large and well-known player in this market and had been trading under the trade name Dairy Partners since 2007. This phrase also appeared in its logo and in its domain name, dairypartners.co.uk. DOC was a Dutch company which was the result of a 2016 merger between a Dutch cheese producer and a German dairy producer. It focused on the Benelu...

In November 2020 the Supreme Court issued a decision significantly affecting the review of arbitration clauses by the Czech courts. The court touched on situations when an arbitration clause leaves the appointment of arbitrators to an independent appointing authority (private arbitration centres).(1) Facts The case concerned an arbitration clause which stated that all disputes arising from the contract would be resolved by a single arbitrator appointed by the agent of a specified limited liabil...

The Central Board of Direct Taxes recently attempted to provide relief to individuals who are stranded in India due to the ongoing travel embargo and may be subject to double tax in India. The clarification sought by way of this circular was highly anticipated by individuals who have been stranded in India during financial year 2020-2021 and qualify as tax residents of India under the Income Tax Act. However, the circular offers no respite to individuals, unlike that issued in 2020.

Facts Inner Mongolia Blue Ocean Mineral Water Company Limited registered 阿尔山 (a Chinese transliteration of aershan, which means hot spring in Mongolian) as a trademark in Class 32. Inner Mongolia Yunlu Water Industry Company Limited, a mineral water manufacturer located in Aershan, China, cited Articles 10(2) and 11(1)(2) of the Trademark Law to file an invalidation claim against the trademark. Key legislative issues Article 10(2) of the Trademark Law provides as follows: No geographical...

In Daimler AG v Leiduck, the Court of Appeal recently reviewed what appears to have been a novel point regarding which party in civil proceedings has the burden of proving that a witness is competent to give evidence at the time of giving evidence. (1) At first instance, the judge had decided that the burden is on the party that calls the witness (in this case the defendant), as opposed to the party that challenges the competence of the witness. The defendant applied for permission to appeal a...

The London Interbank Offered Rate (LIBOR) is being phased out and replaced by risk-free rates globally. The Office of the Comptroller of the Currency recently issued a self-assessment tool to help national banks, federal savings associations and federal branches and agencies of foreign banking organisations evaluate their preparedness for LIBOR's expected cessation.

Proudly South African trainer brand Bathu is not only becoming a beloved household name, but also building a legacy that will last. The brand has arguably captured consumers' attention by ticking all of the boxes of a Western trainer brand while simultaneously presenting an African-centric narrative. This article explores how Bathu is successfully protecting its intellectual property and, in doing so, building a sustainable and financially viable business.