Carl Rohsler: register of past work

Legal opinion on whether a free-to-play social poker app needs a UK gambling licence

Provided a legal opinion to the operator of a free-to-play social poker platform using virtual chips and in-app purchases of virtual items, on its position under UK gambling law and the licensing remit of the Gambling Commission. A short covering letter summarised the conclusions for non-lawyers. The opinion was issued in 2026. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.65 (operating licences)]

Operator of a free-to-play social poker app  |  Poker  |  2026  |  England and Wales  |  Also: Social gaming, esports and skill games

Advice on affiliate programmes exhibiting at gaming trade shows and organiser liability

Advised an events and exhibitions organiser on whether the presence of affiliate programmes as exhibitors at its gaming trade shows complied with legal and regulatory requirements, and whether the organiser could incur liability for non-compliance by exhibitors. The advice was given as an opinion. [Gambling Act 2005, s.24 (codes of practice (LCCP)), ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Events and exhibitions organiser with gaming trade shows  |  Other  |  2025  |  England and Wales  |  Also: Advertising and marketing

Agency agreement for bets placed on behalf of a syndicate: betting intermediary risk

Advised a company on redrafting an agency and services agreement under which a third party places bets for a syndicate. Considered whether that third party would be a betting intermediary under s.13 of the Gambling Act 2005 needing an operating licence, and structuring options to avoid it, including an Isle of Man vehicle. [Gambling Act 2005, s.13 (betting intermediary), s.33 (offence of providing facilities for gambling without a licence), s.65 (operating licences)]

Company using a third party to place bets for a syndicate  |  Betting and sports betting  |  2025  |  England and Wales  |  Also: Gambling: commercial agreements, Betting, spread betting and financial trading

Legal opinion on anti-money laundering and proceeds of crime liability under English and Manx law

Advised a technology business on its potential liability under anti-money laundering and proceeds of crime legislation. Prepared a written opinion on English and Isle of Man law, covering the Manx equivalents of the English provisions. [Proceeds of Crime Act 2002, ss.327-340 (money laundering offences); Money Laundering Regulations 2017 (customer due diligence and source of funds)]

Technology business with Isle of Man connections  |  Online gambling  |  2025 to 2026  |  England and Wales, Isle of Man  |  Also: Other

Legal opinions on a games operator's operations and a player data request

Advised a mobile games operator in 2025 on legal opinions on its operations, on a dissatisfied player's data request, including whether disclosure could be limited and the response deadline extended, and on a goodwill refund offered subject to a waiver. [UK GDPR and Data Protection Act 2018 (data protection)]

Israeli-based mobile games operator  |  Video games and esports  |  2025  |  England and Wales  |  Also: Data protection, Consumer law

Opinions on UK and German law status of skill-based games for payment processor review

Advised an online gaming operator on the legal status of two skill-based games, including tournament play, and prepared English law opinions addressed to a payment processor for its review. Instructed German lawyers to give a German law opinion on one of the games. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Online gaming operator with main markets in the US and Europe  |  Video games and esports  |  2025 to 2026  |  England and Wales, Germany  |  Also: Social gaming, esports and skill games

Representations to DCMS on application of the betting levy to software operators

Advised a casino games developer and licensor on whether the betting levy applies to software operators, and prepared letters to DCMS and to a member of the House of Lords setting out its position. [Horserace Betting Levy Regulations 2017 (horserace betting levy)]

Casino games developer and licensor  |  Online gambling  |  2025  |  United Kingdom

UK and German legal opinions on the legality of skill-based games

Advised an overseas skill-based games developer on whether its games could lawfully be offered in the UK, preparing a UK legal opinion on skill games under gambling law. Instructed German lawyers to produce an equivalent German opinion on the same facts, to satisfy app stores and payment providers, and liaised between the client and German counsel. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Overseas skill-based games developer expanding into the UK and Europe  |  Video games and esports  |  2025 to 2026  |  England and Wales, Germany  |  Also: Social gaming, esports and skill games

UK licensing route and legal opinion for a US soccer prediction game

Advised a US operator of a soccer prediction game, offered as a skill game in California, on entering the UK market. Characterised the product as fixed odds betting needing a Gambling Commission licence, explained the application process, and prepared a long-form opinion on its in-game currencies and free-entry route, including pool betting and prize competition analysis. [Gambling Act 2005, s.9 (betting), s.11 (betting: prize competitions), s.12 (pool betting), s.69 (application for an operating licence)]

US operator of a soccer prediction game  |  Online gambling  |  2025  |  England and Wales, United States  |  Also: Gambling licensing and change of control, Social gaming, esports and skill games

Advice and Gambling Commission correspondence on online slot stake limits and game cycles

Advised a casino games developer and licensor on the application of the online slot stake limits to its games, in particular the meaning of a game cycle and the position of particular games. Corresponded with the Gambling Commission and sought clarification of its interpretation. [Gambling Act 2005, s.24 (codes of practice (LCCP)), ss.75-88 (operating licence conditions)]

Casino games developer and licensor  |  Online gambling  |  2024 to 2025  |  United Kingdom  |  Also: Social gaming, esports and skill games

Gambling law opinion on games and a free token mechanism for a live-streaming platform

Advised an Asia-based live-streaming platform operator on the gambling regulatory position under UK law of games offered in its app, and of a proposed free game token mechanism. Delivered a written opinion in draft in 2024, then updated versions after the client's comments and the new token mechanism. [Gambling Act 2005, s.3 (meaning of gambling), s.4 (remote gambling), s.6 (gaming and games of chance; skill and chance)]

Asia-based live-streaming platform operator  |  Technology and software  |  2024 to 2025  |  England and Wales  |  Also: Social gaming, esports and skill games

UK regulatory and compliance advice to a mobile games operator

Advised a mobile games operator on a range of UK regulatory and compliance points, including the Payment Services Regulations 2017, a responsible play policy, establishing a UK entity and responding to a data protection request. Considered the VAT treatment of bingo player deposits and circulated periodic updates on UK regulatory developments. [Gambling Act 2005, s.24 (codes of practice (LCCP)); UK GDPR and Data Protection Act 2018 (data protection)]

Israeli-headquartered mobile games operator  |  Video games and esports  |  2024  |  England and Wales  |  Also: Data protection, Other

Updated UK regulatory opinion on an online gaming platform's business and revenue model

Advised an online gaming platform operator on how its business model and revenue recognition model were treated under UK gambling regulation, and gave an updated written legal opinion on the point in 2024. [Gambling Act 2005, s.3 (meaning of gambling)]

Online gaming platform operator within an offshore group  |  Online gambling  |  2024  |  England and Wales

Whether a start-up's software product amounts to gambling, with risk advice

Advised the founders of an internet start-up on whether their new software product would amount to gambling under UK law, and on the regulatory and commercial risks of operating it, giving preliminary views on its status. [Gambling Act 2005, s.3 (meaning of gambling)]

Start-up founders developing an internet software product  |  Technology and software  |  2024  |  England and Wales  |  Also: IT and software

Licensing opinion on promoting a third-party sweepstake platform to fantasy football users

Advised a national newspaper publisher on whether promoting a third-party sweepstake platform to its fantasy football players, with team data passed across as the basis of a pool bet, made it a betting intermediary needing a licence under s.13 of the Gambling Act 2005. Concluded on balance that no licence was required, and addressed the s.33 offence risk. [Gambling Act 2005, s.12 (pool betting), s.13 (betting intermediary), s.33 (offence of providing facilities for gambling without a licence)]

National newspaper publisher  |  Media and broadcasting  |  2023 to 2024  |  England and Wales  |  Also: Media, broadcasting and entertainment

Multi-country legal analysis for a mobile quiz app launch

Advised a mobile quiz app developer preparing a launch on the legal regime in Germany, Spain, Portugal, Finland, Estonia, Ireland, Croatia, Bulgaria and India. Also considered legal questions raised by Apple on the app.

EU-based mobile quiz app developer  |  Video games and esports  |  2023  |  England and Wales, Germany, Spain, Portugal, Finland, Estonia, Ireland, Croatia, Bulgaria, India  |  Also: Social gaming, esports and skill games, Commercial contracts

Gambling Act opinion on a mobile quiz game for a payment provider

Advised an EU-based mobile gaming app developer, in a written legal opinion, on whether its quiz game, involving skill and chance, fell within the Gambling Act 2005. The opinion was required by its payment provider ahead of a UK launch. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

EU-based mobile gaming app developer preparing a UK launch  |  Video games and esports  |  2022 to 2023  |  England and Wales  |  Also: Social gaming, esports and skill games

Gambling analysis of a debit card spend-based prize rewards scheme

Advised a distributor of an e-money debit card on whether its rewards scheme, which awards prizes as customers' spending fills notional prize pools, amounted to regulated gambling under UK law, and reviewed its consumer terms and conditions. Concluded the scheme was probably not regulated gambling, while criticising the client's own analysis and the scheme's unexplained design. [Gambling Act 2005, s.3 (meaning of gambling), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions); Consumer Rights Act 2015, Pt 2 (unfair terms in consumer contracts)]

Fintech distributor of an e-money debit card with a spend-based rewards scheme  |  Financial services and trading  |  2022  |  England and Wales  |  Also: Lotteries and prize competitions, Consumer law

Multi-country gambling law advice with local counsel for a payments group

Advised a global electronic payments group on the gambling law position in several countries, co-ordinating local counsel in Germany and Australia, and on whether the results could be presented in a country-by-country table. [Gambling Act 2005, s.3 (meaning of gambling)]

Global electronic payments group  |  Financial services and trading  |  2022  |  England and Wales, Germany, Australia

Shareholding disclosures after crossing 5% in a London-listed gambling technology company

Advised an offshore investment fund on regulatory and market disclosures after it crossed 5% of a London-listed gambling technology company, including a request from the company's broker for information on the fund's ultimate beneficial owner and directors. The advice covered the minimum information required and how to limit exposure of individuals' personal data. [Gambling Act 2005, s.101 (change of circumstance and key events); UK GDPR and Data Protection Act 2018 (data protection)]

Mauritius-based expert investor fund within a Swiss investment group  |  Financial services and trading  |  2022  |  England and Wales  |  Also: Corporate, M&A and due diligence

Advice on test house certification of lottery software under a remote operating licence

Advised an Australian online lottery group on the testing certificate for lottery software it had developed under its software operating licence, explaining that certificates attach to the software and not to an operator. Also advised on the licensing position where an external lottery manager and a society both operate a lottery under the Gambling Act 2005. [Gambling Act 2005, s.41 (gambling software), ss.89 and 97 (remote technical standards and testing), ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

Australian online lottery group with UK lottery management subsidiaries  |  Lotteries  |  2021  |  England and Wales  |  Also: Lotteries and prize competitions

Gambling law advice and opinion on new games for a start-up developer

Advised a start-up games developer, which had a contract to produce new games for a major broadcaster, on the gambling law position of its games. The work, from 2021, included a roadmap for new games, a written opinion in 2022 and training for the client's team. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

Start-up games developer producing games for a major broadcaster  |  Video games and esports  |  2021 to 2022  |  England and Wales  |  Also: Media, broadcasting and entertainment

Opinion on whether a skill-based bingo game needs a UK gambling licence

Advised a mobile games developer on whether a skill-based competitive bingo game offered to UK players constituted gambling requiring a Gambling Commission licence. Drafted a written opinion in 2021 from a description of the game play, and revised it later that year following comments from the client's product team. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.65 (operating licences)]

Mobile games developer planning a UK launch  |  Video games and esports  |  2021  |  England and Wales, Great Britain  |  Also: Social gaming, esports and skill games

Whether a sports app's bookmaker link-through needed a Gambling Commission licence

Advised a sports app operator whose affiliate link-through to a bookmaker had led to restrictions on its advertising. Considered the cost of a Gambling Commission licence, concluded that its involvement in the betting process did not require one, prepared a written opinion and advised on challenging Google's gambling advertising policy rather than applying for a licence. [Gambling Act 2005, s.13 (betting intermediary), s.65 (operating licences), ss.327-328 (advertising of gambling)]

Start-up sports fan engagement app operator  |  Sport  |  2020  |  Great Britain  |  Also: Advertising and marketing

Opinion on whether a proposed online gaming concept amounts to gambling in the UK

Advised the founders of an online gaming business on whether their proposed gaming concept would amount to gambling under UK law. Delivered a written opinion, commented on a gambling issues document and helped with introductions to UK banks and corporate funding contacts. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Online gaming business  |  Online gambling  |  2018  |  England and Wales

Opinions that online skill contests are not gambling, for payment providers

Advised an online company running contests of skill on whether its contests amounted to gambling, and gave written opinions in 2018 to its payment providers, to help it resume trading. Also advised on geo-blocking and independent testing for the contests. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5))]

Online company running contests of skill  |  Other  |  2018  |  England and Wales  |  Also: Lotteries and prize competitions

Advice on gambling advertising on Chinese and Asian social media for a club sponsor

Advised an English football club on whether social media posts in English and Mandarin promoting an overseas betting sponsor were compliant in China, whether other South-East Asian territories where it posts called for similar caution, and what content might be compliant. Also considered the Gambling Commission and FA stance on advertising by unlicensed operators. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

English professional football club  |  Sport  |  2017  |  China, Other Asian territories  |  Also: Advertising and marketing, Sports

Preliminary gambling law assessment for a fantasy sports business entering the UK

Advised a North American fantasy sports business on whether and how it could launch in the UK under gambling law, producing a preliminary assessment in 2017 and answering questions on licensing, grey territories and licence costs. The client decided to explore other regions. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.9 (betting), s.65 (operating licences)]

North American daily fantasy sports business considering a UK launch  |  Online gambling  |  2017 to 2018  |  United Kingdom  |  Also: Social gaming, esports and skill games

Advice on choice of jurisdiction for a Singapore skill games business

Advised a Singapore-based online games business on which jurisdiction would suit it best. Local advice had been that its games were skill rather than chance and so outside Singapore gambling regulation, but investors wanted more certainty. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance)]

Singapore-based online games business  |  Online gambling  |  2015  |  Singapore, England and Wales  |  Also: Social gaming, esports and skill games

Gambling software licensing for non-UK developers under the Gambling Commission conditions

Advised a games business within a television production group on whether a non-UK developer engaged on a work-for-hire basis needed its own Gambling Commission software licence under condition 2.2.1 of the licence conditions and codes of practice, and on subcontractor controls. Concluded that a developer under the licensee's effective control needs none. [Gambling Act 2005, s.24 (codes of practice (LCCP)), s.41 (gambling software), s.65 (operating licences)]

Games business within a television production group  |  Online gambling  |  2015  |  England and Wales  |  Also: Gambling licensing and change of control

Regulatory perimeter and UK licensing for a proposed betting exchange platform

Advised an overseas betting technology business on whether a proposed betting exchange platform with a variable return product fell to the Gambling Commission or the FCA. Sought the Commission's initial view, prepared letters to it and advised on the UK operating licence process. [Gambling Act 2005, s.13 (betting intermediary), s.65 (operating licences), s.69 (application for an operating licence); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Overseas betting exchange platform business  |  Betting and sports betting  |  2015 to 2016  |  England and Wales  |  Also: Gambling licensing and change of control, Betting, spread betting and financial trading

Advertising policy advice on the Gambling (Licensing and Advertising) Act 2014

Advised an internet advertising company on the effect of the Gambling (Licensing and Advertising) Act 2014 on its advertising policy for UK gambling, including the new licensing model for operators doing business in the UK and continuation licences. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), ss.327-328 (advertising of gambling); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing)]

Multinational internet search and advertising group (UK subsidiary)  |  Technology and software  |  2014  |  England and Wales  |  Also: Advertising and marketing

Advice on the point of consumption licensing and tax regime for remote gambling

Advised a major UK bookmaker group on the effect of the point of consumption regime for remote gambling, including the licensing and tax implications for its Gibraltar-based operating company, during 2014. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing); Finance Act 2014, Pt 3 (remote gaming duty and general betting duty)]

Major UK bookmaker group with a Gibraltar-based operating company  |  Betting and sports betting  |  2014  |  England and Wales, Gibraltar  |  Also: Gambling licensing and change of control

Legal feasibility of in-flight gambling and approaches to casino operators

Advised a gaming software business within a NASDAQ-listed in-flight entertainment group on the legal feasibility of offering gambling on aircraft, working from aviation law materials including the Tokyo Convention, ICAO proposals and s.92 of the Civil Aviation Act 1982. Also advised on which online casino operators to approach as commercial partners. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment)]

Gaming software business within a NASDAQ-listed in-flight entertainment group  |  Travel and leisure  |  2014  |  United Kingdom, International  |  Also: Other

Review of UK gambling regulatory overview for a US online gaming group

Advised a US casino and entertainment group's online division on its overview of UK gambling regulation, commenting on a draft that covered the regime before implementation of the 2014 legislation and raising whether its UK online gaming partners held the necessary Gambling Commission licences. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing)]

Online gaming division of a US casino and entertainment group  |  Online gambling  |  2014 to 2016  |  England and Wales

Testing obligations of a UK remote gambling licensee and recognition of Alderney certification

Advised a games business within a television production group on the testing obligations of a UK Gambling Commission remote licensee under the licence conditions and codes of practice. Researched with the Gibraltar, Isle of Man and Malta regulators whether Alderney certification sufficed, and reported that it did not of itself satisfy Gibraltar or Isle of Man. [Gambling Act 2005, s.24 (codes of practice (LCCP)), ss.75-88 (operating licence conditions), ss.89 and 97 (remote technical standards and testing)]

Games business within a television production group  |  Online gambling  |  2014  |  England and Wales, Gibraltar, Isle of Man, Malta, Alderney  |  Also: Gambling licensing and change of control

How competitors advertise lotteries in the UK without a UK licence

Advised, through an Isle of Man law firm, an online gaming business on how two lottery-type competitors were able to advertise in the UK without a UK licence. Delivered a written opinion in 2013. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

Online gaming business with lottery-type competitors  |  Lotteries  |  2013  |  England and Wales, Isle of Man  |  Also: Lotteries and prize competitions

Opinions on linked online and club bingo and bingo side-bet variants

Advised a supplier of electronic bingo systems to UK bingo clubs on two proposals under the Gambling Act 2005: linking online bingo players with players in land-based bingo clubs, and fixed-odds side bets within bingo games. Gave written opinions on side bets, in-game features and co-mixing, and considered the related duty treatment. [Gambling Act 2005, s.4 (remote gambling), s.9 (betting), ss.16-18 (overlap between betting, gaming and lotteries); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Supplier of electronic systems to UK bingo clubs  |  Bingo  |  2013  |  United Kingdom  |  Also: Gambling: commercial agreements

Regulatory classification of a football transfer-fee investment product

Advised a start-up offering a product that pays investors by reference to footballers' transfer fees. Considered whether it fell within the FSMA regulated activities regime (initially concluding that it did not), whether it was a bet under gambling law, and its roll-out across several EU states. [Gambling Act 2005, s.3 (meaning of gambling), s.9 (betting); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Start-up offering an investment product linked to footballers' transfer fees  |  Financial services and trading  |  2013  |  England and Wales, EU  |  Also: Betting, spread betting and financial trading

Gambling regulation guidance and presentation for a broadcaster's commercial teams

Advised the interactive and consumer legal team of a UK commercial broadcaster on UK gambling regulation, preparing guidance notes and presentation slides on gambling compliance and advertising for its internal commercial teams. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

UK commercial broadcaster  |  Media and broadcasting  |  2012  |  England and Wales  |  Also: Media, broadcasting and entertainment

Gambling regulatory report for a US online gaming group's initial public offering

Advised a US casino and entertainment group's online gaming division on gambling regulation for its proposed US initial public offering. Prepared a report on gambling laws, including those of the UK and France, for the registration statement, reviewed successive amendments with US counsel, and explained the term and termination provisions of its online poker platform agreement. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment)]

Online gaming division of a US casino and entertainment group  |  Online gambling  |  2012  |  England and Wales, France, United States  |  Also: Corporate, M&A and due diligence

Legal risks of banking online gambling operators: indemnity, terms of business and opinion

Advised a bank on the legal risks of providing banking services to online gambling operators, reviewing its internet gambling policy and terms of business, drafting a deed of indemnity to protect the bank, and giving a legal opinion on the effectiveness of the terms and the bank's overall exposure. The prospective customer did not proceed. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence); Proceeds of Crime Act 2002, ss.327-340 (money laundering offences)]

Bank operating in Great Britain as part of an Irish banking group  |  Financial services and trading  |  2012  |  England and Wales  |  Also: Commercial contracts

Opinion on whether a randomised prize feature in an online game is gambling

Advised a video games publisher, by written opinion in 2012 and an updated advice in 2013, on the legality under UK gambling law of a game feature in which players buy virtual spins that award in-game items entirely by chance. The 2013 update concluded that a new blended purchase feature had no material effect on that legality. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5))]

Online video games developer and publisher  |  Video games and esports  |  2012 to 2013  |  England and Wales  |  Also: Social gaming, esports and skill games, Lotteries and prize competitions

Policy paper on legalising and regulating sports betting in India

Advised an Indian industry chamber on a concept and knowledge paper on a legislative framework for regulating sports betting in India, and contributed to the related conference programme and speech.

Indian national chamber of commerce and industry  |  Betting and sports betting  |  2012  |  India

Proposed joint branding of a lottery with a betting and gaming operator

Advised the operator of a society lottery on a proposal to offer its lottery products alongside those of a major betting and gaming company, including the regulatory position on common branding, advertising mock-ups, a draft contract and a multi-draw product. [Gambling Act 2005, s.252 (promoting a lottery), ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Operator of a branded society lottery in a media group  |  Lotteries  |  2012 to 2014  |  England and Wales  |  Also: Advertising and marketing, Gambling: commercial agreements

Advice on Great Britain and Northern Ireland gambling advertising for an advertising policy review

Advised the UK legal counsel of an internet advertising company, for a review of its advertising policy, on whether online gambling advertising could target Great Britain users for operators licensed in an offshore whitelisted jurisdiction, and on gambling law and advertising in Northern Ireland. Delivered a written advice note on Northern Ireland. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

Multinational internet search and advertising group (UK subsidiary)  |  Technology and software  |  2011 to 2012  |  Great Britain, Northern Ireland  |  Also: Advertising and marketing

Advice on advertising policy for online video game wagering and points-for-prizes sites

Advised the UK legal counsel of an internet advertising company, for a review of its advertising policy, on the UK treatment of emerging gaming websites: those on which users stake money on the outcome of video games played over console networks, and those awarding points that can be redeemed for cash or prizes. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.9 (betting), ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Multinational internet search and advertising group (UK subsidiary)  |  Technology and software  |  2011  |  England and Wales  |  Also: Social gaming, esports and skill games, Advertising and marketing

Opinion on selling football pools through machines in licensed premises

Advised a UK company operating lottery ticket vending machines in pubs on whether football pools entries could lawfully be sold through its machines in licensed premises under the Gambling Act 2005, including whether the machine was a gaming machine under s.235 of that Act, and later on a revised model. A written opinion was prepared in 2012. [Gambling Act 2005, s.12 (pool betting), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use), s.252 (promoting a lottery)]

UK company operating lottery vending machines in pubs  |  Betting and sports betting  |  2011 to 2012  |  England and Wales  |  Also: Betting, spread betting and financial trading

Regulatory characterisation of a sports fantasy scheme as gambling, financial service or auction

Advised a start-up promoter of a sports fantasy scheme on its regulatory treatment in the UK, in particular whether it was gambling, a financial service or a complex form of auction. Considered a Gambling Commission response on an online auction format. [Gambling Act 2005, s.3 (meaning of gambling), s.9 (betting); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Start-up promoter of an online sports fantasy scheme  |  Online gambling  |  2011 to 2012  |  England and Wales  |  Also: Betting, spread betting and financial trading, Social gaming, esports and skill games

Written opinion on the regulation of a viral online quiz game show

Advised a venture capital firm on the UK regulation of a large online quiz game based on a television game show format, with a viral mechanism and prizes, shortly before launch. Provided a written opinion intended to be readable by investors, concentrating on the UK with brief comment on the US. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

Venture capital firm, for a start-up online quiz game  |  Financial services and trading  |  2011 to 2012  |  England and Wales, United States  |  Also: Lotteries and prize competitions

Advertising an online lottery into the UK without a UK lottery licence

Advised an Isle of Man-based online gaming business, through an Isle of Man law firm, on whether advertising an online lottery in the UK and taking UK customers breached UK gambling law without a Gambling Commission lottery licence, having regard to the white list provisions of s.331 of the Gambling Act 2005. Delivered a written opinion in 2010. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment), s.331 (advertising of foreign gambling)]

Isle of Man-based online gaming business  |  Lotteries  |  2010  |  England and Wales, Isle of Man  |  Also: Lotteries and prize competitions

Advice on business plan and structure for a yacht-race betting start-up

Advised the founder of a start-up yacht-race betting platform on its business case, including whether to partner with established operators or retain control and use affiliates, the legal and IP budget, and routes to funding.

Start-up founder developing a yacht-race betting platform  |  Betting and sports betting  |  2010  |  England and Wales  |  Also: Betting, spread betting and financial trading

Gambling Act 2005 opinion for a start-up online auction website

Advised a start-up online auction website operator, in a written opinion in 2010, on how its bidding auction model was treated under the Gambling Act 2005. The opinion was revised after review. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5))]

Start-up online auction website operator  |  Other  |  2010  |  England and Wales

Gambling Act opinion and Gambling Commission approach for an online penny auction website

Advised an online penny auction operator on whether its website amounted to gambling under the Gambling Act 2005. Prepared an opinion and a description of the site, and asked the Gambling Commission for its view. The Commission replied that penny auction sites promoted as genuine auctions were not regarded as providing facilities for gambling, subject to caveats. [Gambling Act 2005, s.3 (meaning of gambling), s.33 (offence of providing facilities for gambling without a licence)]

Online penny auction operator  |  Other  |  2010 to 2011  |  England and Wales

Legality of a pub poker league and franchise model in Great Britain and Ireland

Advised an overseas operator of an amateur poker league on whether its pub-based league and franchise model could lawfully operate in Great Britain, Ireland and Northern Ireland, with questions raised on further EU markets. Advice was given in written form. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.33 (offence of providing facilities for gambling without a licence), Pt 12 (ss.266-287) (clubs, pubs and fairs: exempt gaming and poker)]

Overseas operator of an amateur poker league  |  Poker  |  2010  |  Great Britain, Ireland, Northern Ireland, EU  |  Also: Gambling: commercial agreements

Opinion on governing law and jurisdiction in online gaming contracts for an Israeli dispute

Advised a law firm acting for an Israeli claimant on whether there is any accepted industry practice that English law governs online gaming contracts. The question arose in a dispute over a failed online gaming joint venture, where a rival English opinion had asserted that English courts usually have jurisdiction. Advice was given in a written opinion.

Law firm acting for an Israeli claimant in a gaming venture dispute  |  Online gambling  |  2010  |  England and Wales, Israel  |  Also: Commercial litigation

Pool betting or fixed odds classification of a fantasy football game for betting duty

Advised a national newspaper publisher on whether its paid-entry fantasy football game was pool betting or fixed odds betting under ss.9 to 12 of the Gambling Act 2005, and the consequences for betting duty under the Betting and Gaming Duties Act 1981, taking account of earlier case law on fantasy leagues and HMRC's no-names indication that fixed-prize games are likely to attract general betting duty. [Gambling Act 2005, s.9 (betting), s.12 (pool betting); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

National newspaper publisher  |  Media and broadcasting  |  2010  |  England and Wales  |  Also: Betting, spread betting and financial trading

Spanish licensing advice for a sports wagering offering including a mobile variant

Advised a betting group on whether offering sports wagering and fixed odds betting to customers in Spain, including a mobile download variant, required a Spanish online gambling licence, working with Spanish lawyers. Also advised on accepting bets from Turkey and Israel.

Betting group with US operations  |  Betting and sports betting  |  2010 to 2011  |  Spain, Turkey, Israel, England and Wales

UK tax treatment of gambling winnings and competition prizes

Advised a Swedish law firm on questions from its client about the UK tax treatment of gambling winnings and competition prizes, explaining that winnings are not normally taxable but that prizes may be taxed where an employer awards them or where the winner is trading, applying the badges of trade. Advice was given in 2010.

Law firm in Sweden instructing on behalf of its client  |  Other  |  2010  |  United Kingdom  |  Also: Lotteries and prize competitions

US gambling law analysis of a fantasy football scheme for a newspaper publisher

Advised a national newspaper publisher on whether its fantasy football scheme could constitute unlawful gambling in the US, by reference to prize, consideration and chance and the federal Unlawful Internet Gambling Enforcement Act 2006. The advice assumed no prize or value was received, noted that an entry fee would raise issues and was general only because state law governs.

National newspaper publisher  |  Media and broadcasting  |  2010  |  United States  |  Also: Social gaming, esports and skill games

Advice on offering live dealer casino betting online

Advised a US casino and entertainment group on offering live dealer casino betting online, giving a written note of initial views in 2009 that the proposal was achievable but difficult. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence)]

US casino and entertainment group  |  Online gambling  |  2009

Bingo duty treatment of player bonuses for an online bingo service

Advised a Swedish law firm on whether bonuses credited to online bingo players on opening or topping up an account count as bingo winnings deductible for bingo duty, by reference to HMRC guidance. Concluded that the bonuses as structured would probably be treated as promotional gifts and not prizes. [Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Law firm in Sweden instructing for its client, an online bingo business  |  Bingo  |  2009  |  United Kingdom

Complaints to the European Commission against new Polish gambling legislation

Advised a Polish trade chamber on complaints to the European Commission alleging that new Polish gambling legislation breached EU law. Revised the substantive arguments, tested them against law and evidence, and added material on the EU understanding of gambling and the legislative background to the new law.

Polish trade chamber representing the gaming machine sector  |  Other  |  2009 to 2010  |  Poland, EU  |  Also: Regulatory investigations and enforcement

Gambling duty and place of bet analysis for a pools offering

Advised an online gambling group on a pools offering supplied through a third-party provider, namely whether technical services supplied from the UK meant that the betting took place in the UK and attracted UK gambling duty. Reviewed the structure and bet flow diagrams and delivered a written opinion. [Gambling Act 2005, s.12 (pool betting), s.36 (territorial application and remote gambling equipment); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Listed online gambling group  |  Online gambling  |  2009  |  United Kingdom  |  Also: Betting, spread betting and financial trading

Legal opinion on skill-with-prizes machines for submission to the regulator

Advised a UK business in the skill-with-prizes (SWP) machine sector on a draft legal opinion on the correct legal position of its games, including a skill stop roulette game said to be one of pure skill. The opinion was to be shared with the Gambling Commission before an industry-wide session on regulation. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use)]

UK business in the skill-with-prizes (SWP) machine sector  |  Online gambling  |  2009  |  England and Wales  |  Also: Social gaming, esports and skill games

Legality and licensing opinion for an online lottery ticket agency

Advised a start-up online lottery ticket agent on whether its model of buying official lottery tickets for members needed a gambling operating licence or was lawful, including the risk of regulation as a collective investment scheme under the Financial Services and Markets Act 2000. Gave a written opinion intended for use with banks and business partners. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.65 (operating licences); National Lottery etc. Act 1993 (National Lottery); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Start-up online lottery ticket agent  |  Lotteries  |  2009  |  England and Wales  |  Also: Lotteries and prize competitions, Betting, spread betting and financial trading

Legality and regulation of a betting intermediary for private bets

Advised an individual planning a betting intermediary service for private bets on events that cannot be publicly verified, on its legality and licensing under UK gambling law. Reported that the Gambling Commission was likely to expect operators to have a secure means of validating results under the licence conditions and codes of practice. [Gambling Act 2005, s.13 (betting intermediary), s.24 (codes of practice (LCCP)), s.65 (operating licences)]

Individual planning a betting intermediary service  |  Betting and sports betting  |  2009  |  England and Wales  |  Also: Betting, spread betting and financial trading

Regulatory advice on relocating server infrastructure from Gibraltar to the UK

Advised an online gambling group on restructuring its server infrastructure so that non-essential items could be relocated from Gibraltar to the UK. Assessed the proposed structure against the Gambling Commission's guidance, produced a note of advice and considered whether to inform the Commission in advance. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment)]

Listed online gambling group  |  Online gambling  |  2009  |  United Kingdom, Gibraltar  |  Also: Gambling licensing and change of control

Regulatory opinion on a pay-per-bid online auction website

Advised a start-up developing a pay-per-bid online auction website, modelled on an existing site with variations to the bidding phases and price increments, on its regulatory status under gambling law and how the structure could be altered to improve its regulatory profile. A written opinion went through several revisions in 2009. [Gambling Act 2005, s.3 (meaning of gambling), s.33 (offence of providing facilities for gambling without a licence)]

Start-up developer of a pay-per-bid online auction website  |  Technology and software  |  2009  |  England and Wales

Start-up advice to a new online gambling operator on regulation, tax and trade marks

Advised a new online gambling start-up on setting up its business, delivering separate written advice on regulation, tax and trade marks, together with advice on VAT, money laundering and know-your-client procedures. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence); Proceeds of Crime Act 2002, ss.327-340 (money laundering offences)]

Start-up online gambling operator  |  Online gambling  |  2009 to 2010  |  England and Wales  |  Also: Trade marks, Corporate, M&A and due diligence

UK licensing advice for an online bingo launch using third-party software

Advised a Swedish law firm, for its client's online bingo launch involving a software supplier and a licensed UK remote operator, on UK gambling licensing requirements, including the software manufacturer's licence, test house certification and the risk of licence breach and criminal liability if untested or unlicensed software is used. Delivered a written opinion. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.41 (gambling software), s.65 (operating licences), ss.89 and 97 (remote technical standards and testing)]

Law firm in Sweden instructing for a client launching online bingo  |  Bingo  |  2009  |  United Kingdom  |  Also: Gambling licensing and change of control

Where pools bets are struck and UK gambling duty exposure

Advised an online gaming operator on whether bets on a pools betting product were struck in the UK, whether UK gambling duty could therefore apply, and whether the product could be structured to avoid it. [Gambling Act 2005, s.12 (pool betting), s.36 (territorial application and remote gambling equipment); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Online gaming operator  |  Betting and sports betting  |  2009  |  United Kingdom  |  Also: Betting, spread betting and financial trading

Advice and counsel's opinion on whether new bingo variants remain bingo

Advised a supplier of software and electronics to UK bingo clubs on whether proposed new bingo game variants would remain 'bingo' under the Gambling Act 2005, so as to be playable under a bingo licence. Prepared draft advice and instructions to leading counsel, with a view to using the opinion with the Gambling Commission and customers. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.65 (operating licences)]

Supplier of software and electronics to UK bingo clubs  |  Bingo  |  2008  |  United Kingdom

Advice on a prize bingo product for adult gaming centres and family entertainment centres

Advised a gaming machine and games supplier on a potential prize bingo product for adult gaming centres and family entertainment centres under the Gambling Act 2005, and provided a short written note of advice. [Gambling Act 2005, ss.236-250 (gaming machine categories, supply and use), Pt 13 (ss.288-294) (prize gaming)]

Gaming machine and slot games supplier within an international gaming technology group  |  Other  |  2008 to 2009  |  England and Wales  |  Also: Social gaming, esports and skill games

Gambling Act licensing and tax advice for an odds comparison website company

Advised a French client planning an English company to run a website comparing online bookmakers' odds, on whether a licence was needed under the Gambling Act 2005 (not if purely an odds comparison site, with grey areas if it acted as a betting intermediary) and on withholding tax and VAT on data services. [Gambling Act 2005, s.13 (betting intermediary), s.33 (offence of providing facilities for gambling without a licence), s.65 (operating licences)]

Start-up odds comparison website operator, based in France  |  Betting and sports betting  |  2008  |  England and Wales, France  |  Also: Corporate, M&A and due diligence

Licensing analysis for a gambling service launched on a broadband TV platform

Advised an online gambling operator on the UK regulatory treatment of launching its gambling service on a broadband television platform, in particular whether remote gambling equipment would be in the UK and create a licensing obligation. Reviewed the platform architecture. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment)]

Listed online gambling group  |  Online gambling  |  2008  |  United Kingdom  |  Also: Gambling licensing and change of control

Opinion on a proposal for betting on the outcome of litigation

Provided a written opinion in 2008 to a financial brokerage group on a proposal put forward by one of its executives concerning betting on the outcome of litigation. [Gambling Act 2005, s.3 (meaning of gambling), s.9 (betting)]

International financial brokerage group  |  Financial services and trading  |  2008  |  England and Wales  |  Also: Betting, spread betting and financial trading

Opinion on whether a skill-based arcade machine required a gambling licence

Advised a games company on whether a skill-based arcade machine was a gaming machine needing an operating licence under ss.3, 6, 235 and 242 of the Gambling Act 2005. The advice was that it was a game of pure skill and so outside gambling. The client also raised a guaranteed prize ticket scheme. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use)]

Games company supplying skill-based arcade machines  |  Other  |  2008  |  England and Wales  |  Also: Social gaming, esports and skill games

Risks of accepting spread bets from customers in France, Germany and Italy

Advised a spread betting operator on the legal risks of allowing nationals of France, Germany and Italy to register, place bets, pay stakes and receive winnings without active marketing, obtaining views from lawyers in Paris, Munich and Rome. Australia was also raised but not pursued without local counsel.

Spread betting operator within an international financial brokerage group  |  Financial services and trading  |  2008  |  France, Germany, Italy, Australia  |  Also: Betting, spread betting and financial trading

UK gambling law questionnaire and opinion for an online gambling group's European arm

Advised the European arm of an online gambling group by completing the UK part of a multi-country gambling law questionnaire. The written opinion was delivered in 2008. [Gambling Act 2005, s.4 (remote gambling), s.36 (territorial application and remote gambling equipment)]

European arm of an online gambling group  |  Online gambling  |  2008  |  United Kingdom

UK gambling law risk paper for the board of an online betting business

Advised an online betting business in a position paper for its board on UK legal risk. The paper considered whether activity run from servers in Canada needed a UK licence and the exposure to UK gambling duty, and concluded that the risk was theoretical and extremely small. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Online betting business  |  Online gambling  |  2008  |  England and Wales, Canada  |  Also: Betting, spread betting and financial trading

Whether an event-triggered insurance-style product is insurance or gambling

Advised a financial brokerage group on whether a product paying out on an event without proof of loss, of the kind offered by a specialist insurer, is insurance or gambling under the Gambling Act 2005. The initial view was that it was gambling. A financial regulatory barrister gave informal, anonymised views, including on credit default swaps. [Gambling Act 2005, s.3 (meaning of gambling), s.9 (betting); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

International financial brokerage group with betting businesses  |  Financial services and trading  |  2008  |  England and Wales  |  Also: Betting, spread betting and financial trading

Advertising of foreign gambling brands in broadcasts under the Gambling Act 2005

Advised a UK media company on whether a programme could be broadcast containing incidental references to a gambling brand not licensed in the EEA or a white-listed state, under the restriction on advertising foreign gambling in s.331 of the Gambling Act 2005. Prepared a written note and sought the Gambling Commission's views. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

UK media company within an international sports and media group  |  Media and broadcasting  |  2007  |  England and Wales  |  Also: Advertising and marketing, Media, broadcasting and entertainment

Advice on UK gaming duty and moving deposit servers to the UK

Advised an overseas online poker operator on whether UK remote gaming duty would apply only to business routed through UK servers or to worldwide revenue, concluding that duty relates to conduct within the jurisdiction rather than the location of the taxpayer. Related work concerned a proposed transfer of deposit servers to the UK. [Gambling Act 2005, s.4 (remote gambling), s.36 (territorial application and remote gambling equipment)]

Overseas online poker operator  |  Poker  |  2007  |  England and Wales  |  Also: Other

Advice on skill-with-prizes machines in licensed betting offices under the Gambling Act 2005

Advised a bookmaker on whether skill-with-prizes (trivia) machines could be introduced into its licensed betting offices, analysing the Gambling Act 2005, the Gambling Commission's guidance to licensing authorities and the industry code limiting machines per shop. The advice was to be set out in a letter capable of being shown to third parties. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), Pt 8 (ss.150-213) (premises licences), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use)]

Bookmaker operating licensed betting offices  |  Betting and sports betting  |  2007 to 2008  |  England and Wales  |  Also: Social gaming, esports and skill games

Advice on which jurisdictions an online casino should exclude from marketing and play

Advised a financial brokerage group on a blacklist of territories for its Malta-regulated online casino, analysing the US Unlawful Internet Gambling Enforcement Act and the Italian market after the ECJ Placanica decision, and whether linking the casino to the group's other businesses in the US created regulatory exposure.

Online casino business within an international financial brokerage group  |  Online gambling  |  2007 to 2008  |  Malta, United States, Italy, England and Wales

Gambling Act 2005 compliance of interactive betting on a satellite television platform

Advised an online gambling operator on whether a proposed interactive betting service on a satellite television platform, relayed through a third party's UK equipment to servers in Gibraltar, complied with the Gambling Act 2005. Scoped a formal written opinion on the point, which would depend on the Gambling Commission's approach in related cases. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment)]

Listed online gambling group  |  Online gambling  |  2007 to 2008  |  United Kingdom, Gibraltar  |  Also: Gambling licensing and change of control

Legal characterisation and licensing of a football club's proposed lottery and betting activities

Advised an English professional football club on the legal characterisation and licensing of its proposed gambling activities, including a lottery, a white label arrangement and a pool and lottery mix. Reviewed an existing exclusive betting agreement, prepared jurisdictional reports and notes on operating licences, and drafted competition terms and conditions. [Gambling Act 2005, s.12 (pool betting), s.14 (lottery, including the skill test in s.14(5)), s.65 (operating licences), s.339 (prize competitions)]

English professional football club  |  Sport  |  2007 to 2008  |  England and Wales, Malta  |  Also: Lotteries and prize competitions, Sports

Legality of gambling and bingo offered through hotel in-room televisions

Advised a provider of hotel in-room TV and internet services on whether gambling, including bingo, could lawfully be offered through hotel room televisions under UK gambling law. Gave a written opinion and corresponded with the Gambling Commission, the anonymised exchange later being put before DCMS. The client did not go ahead with a pilot. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.65 (operating licences)]

Provider of hotel in-room TV and internet services  |  Travel and leisure  |  2007 to 2011  |  England and Wales  |  Also: Media, broadcasting and entertainment

Opinion on UK odds compiling and risk management for an offshore sportsbook

Advised a sportsbook operator on whether odds compiling and risk management carried out in the UK by a UK group company was lawful under the Gambling Act 2005. The business held a non-UK licence and was moving to a new licensed entity. Prepared a written opinion. [Gambling Act 2005, s.4 (remote gambling), s.36 (territorial application and remote gambling equipment), s.65 (operating licences)]

Online sportsbook, casino and poker operator holding a non-UK licence  |  Betting and sports betting  |  2007  |  England and Wales  |  Also: Betting, spread betting and financial trading

Overseas expansion of a fantasy sports league product into Canada, Australia and Ireland

Advised a UK fantasy sports league operator on taking its product outside the UK, obtaining advice from local counsel in Canada, Australia and Ireland on whether such leagues were permitted under local gambling and lottery laws, and whether the UK licence could be relied on. [Gambling Act 2005, s.65 (operating licences)]

Small fantasy sports league operator  |  Betting and sports betting  |  2007 to 2008  |  England and Wales, Canada, Australia, Ireland  |  Also: Social gaming, esports and skill games

UK advertising and sponsorship law advice for an online poker operator

Advised an online poker operator on UK advertising and sponsorship of its poker sites, including advertising a .net site and sponsorship of television programmes. Applied the Gambling Act 2005 definition of advertising, the offences for advertising foreign gambling and territorial scope, ASA decisions and the broadcast sponsorship code, and wrote to a broadcaster. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

International online poker operator  |  Poker  |  2007  |  England and Wales  |  Also: Advertising and marketing, Media, broadcasting and entertainment

Advice on UK rules for advertising gambling and gambling sponsorship

Advised an international sports and entertainment management group on UK law on advertising gambling, including review of its draft internal memo and policy guidelines on advertising internet gambling sites, and the effect of the new gambling legislation on gambling-branded sponsorship by players. Gave a presentation on the legislation and a revised written opinion. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.330 (unlawful gambling advertising), s.331 (advertising of foreign gambling)]

International sports and entertainment management group  |  Sport  |  2006 to 2007  |  England and Wales  |  Also: Advertising and marketing, Sports

Advice on lawfulness of a poker tournament final under the Gaming Act 1968

Advised a football club that held no gaming licence on whether a poker tournament final, to be hosted at its ground for qualifiers from a betting operator's online poker tournament, could lawfully proceed under the Gaming Act 1968. Advised on whether the operator's compliance conditions, including no rake and no performance-based prizes, were correct. [Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions)]

Football club  |  Sport  |  2006  |  England and Wales

Advice to an overseas online poker operator on its UK regulatory position

Advised an overseas online poker operator on its position in the United Kingdom as the Gambling Act 2005 regime took shape, including DCMS guidance on overseas operators, the whitelist, and who may hold a Gambling Commission licence and share it within a group. Work ran through 2006 and 2007. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment), s.65 (operating licences), s.69 (application for an operating licence)]

Overseas online poker operator  |  Poker  |  2006 to 2007  |  England and Wales

Classification of a coin-toss game as lottery, betting or gaming, and permit application

Advised a start-up online game business on whether its coin-toss prize game would be classified as a lottery, betting or gaming, and on the regulatory consequences, in the period before the Gambling Act 2005 came fully into force. Prepared a written opinion and advice on the game format, and an application for a bookmaker's permit. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.9 (betting), s.14 (lottery, including the skill test in s.14(5)); Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Start-up online game and promotions business  |  Online gambling  |  2006  |  England and Wales  |  Also: Gambling licensing and change of control, Lotteries and prize competitions

Gambling law opinion on a pub-based interactive quiz and game-show network

Advised an operator of an interactive quiz network for pubs on whether its existing offering stayed within UK gambling law, and on the limits and constraints that would apply if the network expanded into race nights and game shows requiring a stake. Prepared a written opinion. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

UK operator of an interactive quiz and game-show network for pubs  |  Other  |  2006 to 2007  |  England and Wales  |  Also: Social gaming, esports and skill games, Lotteries and prize competitions

Legality of a cash-prize mahjong tournament under gambling legislation

Advised a sports marketing and event management agency on whether a planned mahjong tournament with 256 competitors and a cash prize would be unlawful commercial gaming under the gambling legislation then in force and about to take effect. Consulted the Gambling Commission and set out alternative ways of staging the event lawfully. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance); Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions)]

Sports marketing and event management agency within a global marketing group  |  Sport  |  2006  |  England and Wales  |  Also: Social gaming, esports and skill games

Legality of online betting in pubs and a white label services agreement

Advised a financial brokerage group's gaming business on the legality under the Gambling Act 2005 of providing online betting facilities in a pub company's estate, including marketing and incentives, and on the pub company's mark-up of the white label services agreement, in particular its limits on warranty disclaimers. [Gambling Act 2005, s.4 (remote gambling), s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment); Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

Online casino business within an international financial brokerage group  |  Online gambling  |  2006 to 2007  |  England and Wales  |  Also: Gambling: commercial agreements

Lottery vending machine exemption under s.235 of the Gambling Act 2005 and DCMS consultation

Advised an AIM-listed gambling group on whether its lottery vending machine, which displays results at the point of sale, fell within the exemption in s.235(2)(d) of the Gambling Act 2005 or was a gaming machine. Prepared its consultation response and written opinions, and attended a meeting with DCMS on the proposed B3A machine category and the one-hour interval. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use)]

AIM-listed gambling group developing a lottery vending machine product  |  Lotteries  |  2006 to 2007  |  England and Wales  |  Also: Lotteries and prize competitions

Opinion on the legality of a free fantasy football game

Advised an online football website operator on the legal position of a free-to-enter fantasy football game, including whether players communicating through message boards affected the analysis. Delivered a written opinion on the game in 2006 and answered the client's supplementary question on player communication. [Gambling Act 2005, s.3 (meaning of gambling), s.11 (betting: prize competitions), s.339 (prize competitions)]

Online football website operator within a global media and entertainment group  |  Media and broadcasting  |  2006  |  England and Wales  |  Also: Social gaming, esports and skill games

UK regulatory framework for an e-wallet serving online gambling sites

Advised a start-up electronic wallet company on the UK gambling and financial regulatory framework for offering payment services to online gambling sites through a UK subsidiary, including whether FSA authorisation as an e-money provider would be needed. Prepared a regulatory framework overview. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Start-up electronic wallet and payments company  |  Financial services and trading  |  2006  |  England and Wales  |  Also: Other

Pyramid and trading scheme analysis of a multi-level marketing and multi-tier affiliate programme

Advised an online gambling group on whether a proposed multi-level marketing scheme, and later a multi-tier affiliate programme, would infringe UK law on pyramid and trading schemes, which can amount to illegal lotteries. The advice was against the scheme in the UK, after anonymised informal soundings of a trade body and a government department. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.43 (chain-gift schemes); Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Listed online gambling group  |  Online gambling  |  2005  |  England and Wales  |  Also: Lotteries and prize competitions, Consumer law

Gambling, broadcasting and commercial advice to an interactive TV quiz channel

Advised an interactive television quiz channel operator on gambling, broadcasting and commercial issues over about two years from its start-up phase. Work included the regulatory position on its quiz and prize formats with the Gaming Board and Ofcom, terms and conditions, new game formats and adult content, undertakings, and press and broadcast enquiries. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.339 (prize competitions); Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Start-up UK interactive TV quiz channel operator with a US parent group  |  Media and broadcasting  |  2004 to 2006  |  England and Wales  |  Also: Media, broadcasting and entertainment, Lotteries and prize competitions

Advice on advertising and licensing of internet betting before and under the 2005 Act

Advised a financial brokerage group's betting business on advertising internet betting to UK customers from offshore, and on licensing and server location, drawing on an earlier opinion on a leading advertising decision and the Budd report recommendations. Later advice covered how the Gambling Commission would treat white label website partners under s.36 of the Gambling Act 2005. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.36 (territorial application and remote gambling equipment), ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

Betting and gaming business within an international financial brokerage group  |  Betting and sports betting  |  2003 to 2007  |  England and Wales  |  Also: Advertising and marketing

Swiss gaming law opinion on a proposed holding structure for an online gaming business

Advised an online gaming software company on whether a proposed corporate structure with a Swiss holding company would breach Swiss law on internet gambling. Obtained advice from Swiss counsel that management functions carried out from a Swiss company would be problematic, and worked on a memorandum for submission to the Swiss Gaming Board.

Online casino software and gaming company  |  Online gambling  |  2002  |  Switzerland, England and Wales  |  Also: Corporate, M&A and due diligence

English gambling law advice on offering an internet casino, with counsel's opinion

Advised an internet casino operator on the legality under English gaming and betting law of offering online casino services to UK customers, first establishing what gaming was involved and from where it was run, and obtaining an opinion from leading counsel. Later advised on the Budd Report and White Paper licensing reforms. [Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions); Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Internet casino operator  |  Online gambling  |  2000 to 2003  |  England and Wales

Gambling Commission licence assessment for a charity lottery community interest company

Advised a technology company and the community interest company for which it manages a lottery on the Gambling Commission's assessment of the latter's licence application. The work included finding and supplying the compliance policies the Commission required for its assessment. [Gambling Act 2005, s.69 (application for an operating licence), ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

Technology company managing charity lotteries for a community interest company  |  Lotteries  |  2025  |  England and Wales  |  Also: Lotteries and prize competitions

Change of control risk advice on a proposed change in beneficial ownership of a casino operator

Advised the investors in a UK casino operator on a proposed change in beneficial ownership, including the Gambling Commission change of control process and the risk of completing before the Commission had approved the new controller. Assessed the risk of refusal as very low and approval within about three months as achievable. [Gambling Act 2005, s.101 (change of circumstance and key events), s.102 (change of corporate control)]

Investors in a UK casino operator  |  Land-based casinos  |  2024 to 2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission remote software licence application for a UK outsourcing company

Acted for a UK outsourcing company in an online gambling business group on its application to the Gambling Commission for a Great Britain remote gambling software licence, with the related personal licence application for its director. Work included answering documentation queries and advising on policies for the application. [Gambling Act 2005, s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence), ss.127-139 (personal management and functional licences)]

UK outsourcing company within an online gambling business group  |  Online gambling  |  2024 to 2025  |  England and Wales

Advice on surrendering an unused casino licence after the Economic Crime Levy

Advised an external lottery manager on whether to pay the Economic Crime Levy for the period ending in 2023 and then surrender a casino operating licence it had never used, and whether surrender could harm any later casino licence application. The licence had been held for many years. [Gambling Act 2005, s.65 (operating licences), ss.113-115 (surrender and lapse of an operating licence)]

Media group's external lottery manager holding an unused casino licence  |  Lotteries  |  2023  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Community interest company formation and Gambling Commission licensing for a charity lottery

Advised a studio business and the community interest company it set up to run a charitable lottery on forming the company, on licensing applications to the Gambling Commission (including applications by key individuals), and on a facility agreement, service contracts and a business plan. Continued with company secretarial support and regulatory returns into 2025. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence), ss.98-99 (lottery operating licences and mandatory conditions), ss.127-139 (personal management and functional licences)]

Studio business and its charitable lottery community interest company  |  Lotteries  |  2023 to 2025  |  England and Wales  |  Also: Lotteries and prize competitions, Corporate, M&A and due diligence

Gambling Commission notification of a fall in an investor's beneficial interest below 3 per cent

Advised a US investment manager whose funds own a UK casino operator on whether a reduction of one underlying investor's beneficial interest below the 3 per cent reporting threshold had to be notified to the Gambling Commission. Advised that no notification was needed because the redemption did not take any other investor above a threshold. [Gambling Act 2005, s.101 (change of circumstance and key events), s.102 (change of corporate control)]

US investment manager whose funds own a UK casino operator  |  Financial services and trading  |  2023  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission operating licence application for a charity lottery technology company

Advised a technology company planning to operate in the charity lottery sector on its application to the Gambling Commission for an operating licence, including the Annex A form, personal management licence submissions, development and testing policies and later responses to the Commission's requests for further information. [Gambling Act 2005, s.69 (application for an operating licence), ss.89 and 97 (remote technical standards and testing), ss.98-99 (lottery operating licences and mandatory conditions), ss.127-139 (personal management and functional licences)]

Technology company planning to operate in the charity lottery sector  |  Lotteries  |  2023  |  England and Wales  |  Also: Lotteries and prize competitions

Gambling licence application advice for a gaming group company

Acted for a UK company within an international gaming group on its gambling licence applications. Advised on which group entity should apply for licences in which jurisdictions and on the information to be given to regulators in each application. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence)]

UK company in an online gaming group applying for gambling licences  |  Online gambling  |  2022  |  England and Wales  |  Also: Gambling regulation: advice and opinions

US state gaming regulator investor applications arising from a gambling technology shareholding

Advised an offshore investment fund on applications and certifications to US state gaming regulators, including Pennsylvania, Michigan, Colorado and Maryland, arising from its shareholding in a listed gambling technology company. Work included responses to regulator questions, institutional investor forms and certificates of good standing.

Mauritius-based expert investor fund within a Swiss investment group  |  Financial services and trading  |  2022 to 2025  |  Pennsylvania (USA), Michigan (USA), Colorado (USA), Maryland (USA)  |  Also: Gambling regulation: advice and opinions

UK Gambling Commission operating licence application for a gambling software supplier

Acted for a Malta-based, Israeli-owned gambling software and games supplier in its application to the Gambling Commission for a UK operating licence, including answering the Commission's queries on ownership, funding and policies, and supporting personal licence applications for key individuals. [Gambling Act 2005, s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence), ss.127-139 (personal management and functional licences)]

Malta-based, Israeli-owned gambling software and games supplier  |  Online gambling  |  2021 to 2022  |  England and Wales, Malta  |  Also: Gambling regulation: advice and opinions

Management buyout of a lottery business and Gambling Commission change of control approval

Acted for a listed broadcaster and its lottery subsidiary on the sale of the lottery business to its management in a management buyout, advising on deal terms and securing Gambling Commission change of corporate control approval, including answering the Commission's questions on funding and the incoming investors' ownership structure, and a related shareholder identification query. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.102 (change of corporate control)]

Public record: STV Group plc: sale of its external lottery manager, announced in March 2021 and completed after Gambling Commission approval on 26 August 2021.

Listed broadcaster and its lottery subsidiary  |  Lotteries  |  2020 to 2021  |  England and Wales  |  Also: Corporate, M&A and due diligence, Lotteries and prize competitions

Regulatory and IP due diligence on acquisition of a games software supplier

Advised the buyer, a UK licensed online betting and gaming operator, on the gambling regulatory and intellectual property aspects of its share purchase of a games software supplier. Covered change of control notification to the Gambling Commission, an Alderney licensing point, ownership of copyright in the games, personal management licences and regulatory history. [Gambling Act 2005, s.101 (change of circumstance and key events), s.102 (change of corporate control), ss.127-139 (personal management and functional licences); Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership)]

UK licensed online betting and gaming operator, as buyer  |  Online gambling  |  2016  |  England and Wales, Alderney  |  Also: Corporate, M&A and due diligence

Gambling Commission licence advice for a social betting start-up

Advised a start-up social betting platform on the Gambling Commission licences needed to launch, identifying a non-remote software operating licence and a remote pool betting operating licence. Also warned of a possible trade mark objection to the platform's name. [Gambling Act 2005, s.12 (pool betting), s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence)]

Start-up social betting platform operator  |  Betting and sports betting  |  2015 to 2016  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission remote gambling software operating licence application support

Advised a gambling technology business on its application to the Gambling Commission for a remote gambling software operating licence. Revised its supporting compliance policies (anti-money laundering, anti-bribery, social responsibility, internal controls and information security) and rewrote its business plan for the regulator, and advised on correspondence with the Commission. [Gambling Act 2005, s.24 (codes of practice (LCCP)), s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence)]

Gambling technology business  |  Online gambling  |  2015 to 2016  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling regulatory and IP due diligence and change of control on a bingo group investment

Advised an investor on its proposed investment in a bingo group, covering gambling regulatory and commercial IP due diligence, the target's affiliate agreement and trade mark licence with the seller group, and the Gambling Commission change of control application for the operating licence. [Gambling Act 2005, s.65 (operating licences), s.102 (change of corporate control); Trade Marks Act 1994, ss.28-31 (licensing)]

Investment house making a proposed investment in a UK bingo group  |  Financial services and trading  |  2015  |  England and Wales  |  Also: Corporate, M&A and due diligence, IP licensing and commercial IP

UK remote betting and gaming operating licence application advice

Advised an online gaming business based in Curaçao on applying for a UK remote betting and gaming operating licence. Explained the Gambling Commission application process, including the requirement for software suppliers to hold UK licences, due diligence on owners and directors, and personal management licences. [Gambling Act 2005, s.41 (gambling software), s.69 (application for an operating licence), ss.127-139 (personal management and functional licences); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing)]

Curaçao-based online gaming business  |  Online gambling  |  2015  |  England and Wales  |  Also: Gambling regulation: advice and opinions

UK remote pool betting operating and software licence applications for a foreign gaming group

Advised a gaming technology group on applying for UK remote operating and software licences for a pool betting product. Advised on classification as pool betting or a betting prize competition under ss.11 and 12 of the Gambling Act 2005, use of a Cypriot applicant company, and responses to Gambling Commission information requests. [Gambling Act 2005, s.11 (betting: prize competitions), s.12 (pool betting), s.41 (gambling software), s.69 (application for an operating licence)]

Gaming technology group with an Israeli parent and a Cypriot subsidiary  |  Betting and sports betting  |  2015  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on UK software operating licence requirements for a gambling software supplier

Advised a Spanish gambling software supplier on whether it needed a Gambling Commission software operating licence to supply UK-facing operators, and on the 2015 deadline for operators to use licensed software. Gave a written opinion on licensing under UK gambling legislation, and guidance on the process, timing and cost of an application. [Gambling Act 2005, s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence)]

Spanish gambling software supplier  |  Online gambling  |  2014 to 2015  |  England and Wales, Spain  |  Also: Gambling regulation: advice and opinions

Advice on obtaining a UK gambling licence for an offshore mobile betting operator

Advised a Cyprus-linked mobile betting operator on routes to a UK remote gambling licence. Raised with the Gambling Commission whether an operator outside the EEA and the white list could apply for a continuation licence, and reported that only white-listed operators could apply at that stage. [Gambling Act 2005, s.4 (remote gambling), s.65 (operating licences), s.69 (application for an operating licence); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing)]

Cyprus-linked mobile sports betting operator  |  Betting and sports betting  |  2014  |  England and Wales  |  Also: Gambling regulation: advice and opinions

US casino service industry licensing for a UK public company (New Jersey, following Nevada)

Advised a UK public company on US gaming licensing: the preparation of a New Jersey application for an ancillary casino service industry enterprise licence, with New Jersey counsel, following earlier advice on a Nevada application.

UK public company  |  Other  |  2013  |  New Jersey (USA), Nevada (USA)  |  Also: Gambling regulation: advice and opinions

Advice on a Nevada application to do business for a UK company

Advised a UK company on its application to do business in Nevada, a regulated gaming jurisdiction, including by preparing a report on the corporate issues that the application raised.

UK company  |  Other  |  2012  |  Nevada (USA)  |  Also: Gambling regulation: advice and opinions

Gambling Commission personnel and personal management licence changes for a betting operator

Advised a remote betting operator in a financial brokerage group on Gambling Commission requirements after a personal management licence holder left, including proposing that an existing licence holder take over IT and security responsibilities and relying on the operator's small-scale status while it was not trading. Also handled personal licence maintenance and identity documentation for a director. [Gambling Act 2005, s.101 (change of circumstance and key events), ss.127-139 (personal management and functional licences)]

Licensed remote betting operator within an international financial brokerage group  |  Betting and sports betting  |  2012 to 2014  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling licensing options for a poker tournament scheme at a football club

Advised a football club on whether it could run a poker tournament scheme with a poker operator, concluding that the operator's licences and the club's track betting permit would not suffice and identifying the alternatives: a casino licence, the exemptions for poker in clubs and licensed premises, temporary permits or a free-play format. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.65 (operating licences), Pt 12 (ss.266-287) (clubs, pubs and fairs: exempt gaming and poker)]

Premier League football club  |  Sport  |  2011  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Sports

Betting premises licence application and hearing for a London betting shop

Acted for an online betting group in applying to a London local authority for a betting premises licence for a retail betting shop under the Gambling Act 2005, including letters to the council and police, preparation of a hearing bundle, a conference with counsel and a hearing in 2010. The licence was granted. [Gambling Act 2005, Pt 8 (ss.150-213) (premises licences)]

Online betting and gaming group opening a retail betting shop in London  |  Betting and sports betting  |  2010 to 2011  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission change of control application and regulatory returns for a licensed operator

Advised a licensed betting and gambling software operator in a financial brokerage group on a group reorganisation requiring a change of control application to the Gambling Commission under s.102 of the Gambling Act 2005, and on the new regulatory returns required of licence holders, including an extension for filing. [Gambling Act 2005, s.24 (codes of practice (LCCP)), s.102 (change of corporate control)]

Licensed betting and gambling software operator within an international financial brokerage group  |  Betting and sports betting  |  2010 to 2012  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission licensing advice for a binary options platform

Advised an FCA-regulated trading firm on obtaining a Gambling Commission operating licence for a binary options platform (fixed odds betting on financial markets), covering the likely timetable, the Commission's processing times and the scrutiny of ownership. [Gambling Act 2005, s.9 (betting), s.65 (operating licences), s.69 (application for an operating licence)]

FCA-regulated trading firm  |  Financial services and trading  |  2010 to 2014  |  England and Wales  |  Also: Betting, spread betting and financial trading

Sale of a lottery management company and licence change of control

Advised on the gambling regulatory aspects of the sale of a lottery management company, including whether its Gambling Commission licence would stay in place after a change of control under s.102 of the Gambling Act 2005, and how to structure the transaction and approach the Commission. The deal involved share sale, novation, transitional services and copyright assignment documents. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.102 (change of corporate control), s.257 (external lottery manager)]

Seller of a lottery management business holding a Gambling Commission licence  |  Lotteries  |  2010 to 2011  |  England and Wales  |  Also: Corporate, M&A and due diligence, Lotteries and prize competitions

Gambling Commission licensing for a new society lottery scheme and its CICs

Advised the promoter of a new branded society lottery scheme on its applications to the Gambling Commission, covering the external lottery manager and a network of community interest companies. Work included supporting documentation, corporate structure, requests for further information and a letter to the Commission. [Gambling Act 2005, s.69 (application for an operating licence), ss.98-99 (lottery operating licences and mandatory conditions), s.252 (promoting a lottery), s.257 (external lottery manager)]

Promoter of a new branded society lottery scheme  |  Lotteries  |  2009 to 2010  |  England and Wales  |  Also: Lotteries and prize competitions

Initial advice on remote gambling licensing for a yacht-race betting concept

Advised the founder of a start-up on setting up a remote betting business on yacht races. Covered the choice of corporate vehicle, fixed odds or pool betting, the effect of those choices on licence cost and application complexity, and licence agreements. [Gambling Act 2005, s.9 (betting), s.12 (pool betting), s.65 (operating licences), s.69 (application for an operating licence)]

Start-up founder developing a yacht-race betting platform  |  Betting and sports betting  |  2009  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Operating licence application for a new subsidiary after restructuring betting operations

Advised a financial brokerage group on moving its general betting business into a new wholly owned subsidiary and licensing it with the Gambling Commission. Raised whether a licence could be transferred under ss.103-105 of the Gambling Act 2005 rather than reapplied for, prepared the operating and personal management licence applications, and dealt with surrender of the old licence. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence), ss.113-115 (surrender and lapse of an operating licence), ss.127-139 (personal management and functional licences)]

Financial brokerage group with licensed UK betting and gaming businesses  |  Betting and sports betting  |  2008 to 2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Reports on UK casino regulation and obtaining a UK casino licence for a Chilean operator

Advised a Chilean land-based casino operator on UK casino regulation. Prepared reports on the law and regulation of gambling in the UK and on means of obtaining a UK casino licence, covering the Gambling Commission's powers and the treatment of ownership and changes of control. [Gambling Act 2005, s.65 (operating licences), s.102 (change of corporate control), Pt 8 (ss.150-213) (premises licences)]

Chilean land-based casino operator acting through a Chilean law firm  |  Land-based casinos  |  2008  |  England and Wales, Chile  |  Also: Gambling regulation: advice and opinions

Comparison of offshore gambling jurisdictions for a telecoms group's online betting venture

Advised a Turkish mobile telecoms group on establishing an offshore online gambling business, comparing the regulatory, licensing and tax position in Alderney, Gibraltar, Malta and the Isle of Man and producing a jurisdiction report.

Mobile telecoms group based in Turkey  |  Telecoms  |  2007  |  England and Wales, Alderney, Gibraltar, Malta, Isle of Man, Turkey  |  Also: Gambling regulation: advice and opinions, Corporate, M&A and due diligence

Gambling Act 2005 transitional licence application for a remote financial betting operator

Advised a financial betting operator within a brokerage group on applying for a Gambling Act 2005 operating licence in place of its bookmaker's permit, including advising that an incomplete application and fee should be filed before the 2007 deadline to secure continuity of operation. Put questions on fees, personal licences and functional licences to the Gambling Commission. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence), ss.127-139 (personal management and functional licences); Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Financial betting operator within an international financial brokerage group  |  Betting and sports betting  |  2007  |  England and Wales  |  Also: Betting, spread betting and financial trading

Gambling Commission operating and personal management licences, with later updating advice

Advised the UK arm of a television production group on its Gambling Commission operating licence and personal management licences, including correspondence with the Commission. Later, in 2014, advised on updates under the Licence Conditions and Codes of Practice, covering the small-scale operator exemption, changes of key person and licensing of gambling software suppliers. [Gambling Act 2005, s.24 (codes of practice (LCCP)), s.41 (gambling software), s.65 (operating licences), ss.127-139 (personal management and functional licences)]

Television production and entertainment group  |  Media and broadcasting  |  2007 to 2014  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Gambling Commission operating licence application for a lottery products company

Acted for a lottery products company within an AIM-listed gambling group on its application to the Gambling Commission for an operating licence, dealing with the Commission's questions on shareholdings and on the machines operated. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence), s.235 (gaming machine)]

Lottery products company within an AIM-listed gambling group  |  Lotteries  |  2007  |  England and Wales

Gambling Commission software operating licence application for a betting operator

Advised a betting operator within a financial brokerage group on applying to the Gambling Commission for a gambling software operating licence under the Gambling Act 2005, explaining the application process and personal management licence requirements, and establishing that the Commission would require a second independent application rather than a supplementary one. [Gambling Act 2005, s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence), ss.127-139 (personal management and functional licences)]

Betting operator within an international financial brokerage group  |  Betting and sports betting  |  2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Licence applications for a start-up fixed-odds binary betting exchange

Advised a start-up developing a fixed-odds binary betting exchange on its licensing position. Reviewed its applications to a gaming regulator for an operator's intermediate licence and a software licence and dealt with regulator enquiries, with the status of binary bets under FSA spread betting regulation as background. [Gambling Act 2005, s.13 (betting intermediary), s.41 (gambling software), s.65 (operating licences), s.69 (application for an operating licence)]

Start-up developing a fixed-odds binary betting exchange  |  Betting and sports betting  |  2007  |  United Kingdom  |  Also: Betting, spread betting and financial trading

Pool betting operating licence application for a fantasy sports league operator

Advised a small fantasy sports league operator on its application for a pool betting operating licence, required under the new regime in place of its previous permit. The operating licence was granted in 2007. [Gambling Act 2005, s.12 (pool betting), s.65 (operating licences), s.69 (application for an operating licence)]

Small fantasy sports league operator  |  Betting and sports betting  |  2007  |  England and Wales

Remote gaming licence application in Malta for an online casino, with Maltese counsel

Advised a financial brokerage group on obtaining a remote gaming licence from the Malta Lotteries and Gaming Authority for an online casino business, instructing Maltese lawyers and corporate services providers and coordinating the application form, business plan, personal declarations, Maltese tax structure and intercompany agreements. The casino was regulated in Malta by 2008.

Online casino business within an international financial brokerage group  |  Online gambling  |  2007 to 2008  |  Malta, England and Wales  |  Also: Gambling regulation: advice and opinions

Remote gaming licence strategy and application support for a Norwegian start-up

Advised the founder of a newly formed Norwegian company on obtaining a remote gaming licence in Malta, including a comparison with the Isle of Man, Gibraltar and Alderney, the three stage Lotteries and Gaming Authority application process, and drafting regulatory and European law text for the business plan supporting the application.

Norwegian start-up gambling venture founded by a software company director  |  Online gambling  |  2007 to 2008  |  Malta, Norway  |  Also: Gambling regulation: advice and opinions

Bookmaker's permit application for a new bookmaking company

Advised a newly formed bookmaking company on obtaining a bookmaker's permit from a Betting Licensing Committee, including the timetable, which court to apply to by reference to the company's registered office, whether a special committee sitting could be obtained, and the need for betting office licences if premises were used. [Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Newly formed bookmaking company  |  Betting and sports betting  |  2000  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on the Government's voluntary code for prize draw operators

Advised a UK commercial broadcaster on the Government's voluntary code of good practice for prize draw operators, published in 2025, summarising its requirements as they apply to the broadcaster's prize draws and competitions and recommending that it sign up to the code. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

UK commercial broadcaster  |  Media and broadcasting  |  2025  |  England and Wales  |  Also: Consumer law

Commercial advice on running free prize draws and promotional competitions

Advised a company formed to run free prize draws and promotional contests on the legal requirements for its competitions, including the choice of promotional mechanic, and gave a legal opinion and advice on a mini draws proposal. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

Company formed to run free prize draws and promotional contests  |  Other  |  2025 to 2026  |  England and Wales  |  Also: Advertising and marketing

Skill-based prize competition linked to car parking: lottery analysis and terms

Advised a car parking operator on structuring a skill-based prize competition linked to its car parks so as not to be a lottery or other form of gambling, and on the scope of an opinion on its legality and terms and conditions for the promotion. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

Car parking operator  |  Automotive and transport  |  2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on free entry route, entry limits and duration for online prize competitions

Advised an online prize competition operator, which had grown significantly, on the free postal entry route, limits on paid entries per competition, maximum duration of competitions with instant wins, and a general review of its website and terms. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

Online prize competition operator  |  Other  |  2024  |  England and Wales  |  Also: Consumer law

Opinion on a mystery box product and European prize promotion laws

Advised an online gaming group on the legal classification of a proposed mystery box and free coin or token offering, delivering written opinions and notes on successive versions of the model. In 2025 surveyed the prize promotion laws of about 20 European states to show how far a promotion could go before becoming unlawful gambling. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

Online gaming platform group  |  Video games and esports  |  2024 to 2025  |  England and Wales, Europe (survey of about 20 states)  |  Also: Gambling regulation: advice and opinions

Structuring an online raffle business to avoid an unlawful lottery

Advised an entrepreneur planning an online raffle business on how to structure a ticket draw lawfully under UK lottery law. Explained that paying for a chance to win a randomly distributed prize is a lottery and that legality depended on choosing a free-entry route, a skill element passing the statutory test, or a combination. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

Entrepreneur planning an online raffle business  |  Lotteries  |  2024  |  England and Wales  |  Also: Gambling regulation: advice and opinions

UK lottery and gambling analysis of a virtual currency and sweepstakes prize model

Advised an online loot box platform operator, by written opinion in 2024 and follow-up advice later that year, on how UK lottery and gambling law applied to a virtual coin and promotional currency sweepstakes model with prizes exchangeable for physical goods or crypto, including whether the promotional currency was genuinely free. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

Online loot box and sweepstakes platform operator  |  Online gambling  |  2024 to 2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Social gaming, esports and skill games

Prize draw terms and conditions and lottery analysis for an outdoor apparel brand

Advised the UK arm of an international outdoor apparel group on terms and conditions for a consumer prize draw and on data collection from entrants, explaining why a raffle would be an unlawful lottery and how a free prize draw or skill competition could be run without a licence. Prepared template UK free prize draw terms. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes); UK GDPR and Data Protection Act 2018 (data protection)]

UK arm of an international outdoor apparel and sports group  |  Retail and fashion  |  2023  |  England and Wales  |  Also: Advertising and marketing, Data protection

Skill-based prize competition website with free entry route: legal documents and opinion

Advised a new online prize competition operator on launching a skill-based competition website with a free postal entry route, preparing a review of the website, cookie and privacy policies, website terms and contest terms and conditions, and later a legal opinion. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes); UK GDPR and Data Protection Act 2018 (data protection)]

New online prize competition operator  |  Other  |  2023 to 2025  |  England and Wales  |  Also: Data protection, Advertising and marketing

Template terms for free-entry prize draws promoting a mobile app

Drafted template terms and conditions for free-entry prize draws run by a financial KYC technology provider to encourage use of its app. Entrants had to join the app and keep an active bank account connected for a set period, with the winner drawn at random from qualifying users. The terms were built to be reused with different dates and prize amounts. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

FCA-registered financial KYC technology provider serving the gambling sector  |  Technology and software  |  2023  |  England and Wales  |  Also: Advertising and marketing

Legal structure and terms for an online skill-based prize competition website

Advised a building services business on the legality and structure of a new online prize competition website, the client's chosen model being a skill-based competition with a free postal entry route. Drafted the competition rules and website terms of use, and reviewed the privacy and cookie policies. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes); UK GDPR and Data Protection Act 2018 (data protection)]

Building services business launching an online prize competition website  |  Property and construction  |  2022 to 2023  |  England and Wales  |  Also: Data protection, Commercial contracts

Advice on skill-based and paid-entry competition mechanics for a broadcaster

Advised a UK commercial broadcaster on the legal structure of its prize competitions, including a skill-based contest, a paid-entry competition mechanic and later variations, against the lottery and gambling rules, and on related regulatory notes. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

UK commercial broadcaster  |  Media and broadcasting  |  2021 to 2024  |  England and Wales  |  Also: Gambling regulation: advice and opinions

UK rules for a sweepstake promotion run inside a mobile app

Advised a US photo products app group on running a sweepstake promotion for UK users, reviewing and revising the promotion rules to fit English law and comparing them against its US counsel's drafts. Preparation of prize claim forms was still outstanding when the promotion was put on hold in 2020. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

US photo products and personalised gifts app group  |  Technology and software  |  2020  |  England and Wales  |  Also: Advertising and marketing

Staff charity lottery for a corporate group using a society lottery structure

Advised a plc group on setting up a charity lottery for its staff. Explained that a non-commercial society under s.19 of the Gambling Act 2005, which could be a community interest company, would operate the lotteries alongside a Gambling Commission licensed external lottery manager, and advised that a small society lottery would suffice. [Gambling Act 2005, s.19 (non-commercial society), s.252 (promoting a lottery), s.257 (external lottery manager), Sch.11 (exempt lotteries (incidental, private, customer and small society lotteries))]

Plc group employer  |  Other  |  2017  |  England and Wales

Free prize draw terms for a hotel newspaper promotion, extended worldwide

Advised a US-headquartered group's UK subsidiary on terms for a free prize draw offered to hotels that took a free trial of its newspaper service. Prepared a redline of the terms for UK use, then advised on the risks of extending eligibility to hotels worldwide, including local promotion rules and gambling law restrictions. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

US-headquartered group with a UK subsidiary supplying newspaper services to hotels  |  Publishing  |  2016  |  England and Wales  |  Also: Advertising and marketing

Prize draw legal analysis and platform contracts for a start-up marketing app

Advised a start-up on the legality of a free prize draw scheme driving a consumer marketing website and app. Drafted the merchant agreement, platform and app terms of use and prize draw terms and conditions, with FAQs, and commented on prize claim and winner list rules. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

Start-up operating a prize-draw-driven consumer marketing website and app  |  Technology and software  |  2016  |  England and Wales  |  Also: Commercial contracts, IT and software

Review of terms for a promotional skill game and free prize draw

Advised on the terms and conditions of a promotional skill-based game combined with a free prize draw, concluding that under English law the scheme was either a skill competition or a free draw and so was neither a lottery nor gambling. Recommended amendments on employee eligibility, privacy wording and compliance with the CAP Code. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Business running a promotional skill game with prizes  |  Other  |  2016  |  England and Wales  |  Also: Advertising and marketing

Opinion on UK gambling law status of a television game show format with app

Advised a Dutch television production company on whether a new game show format, in which viewers played along through a mobile app, would be a game of chance under UK gambling law, what restrictions would follow, and whether UK broadcasting rules would limit its exploitation. Prepared a written legal opinion for the client. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5))]

Dutch television production and format company  |  Media and broadcasting  |  2014  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Media, broadcasting and entertainment

Lottery law advice on in-store charity raffles, tombolas and a treasure hunt

Advised a major supermarket group on store-level charity fundraising, namely a raffle, tombola and a treasure hunt with a prize draw. Concluded that the draws were lotteries under the Gambling Act 2005 needing a permitted category (exempt, small society or large society lottery), and explained how the treasure hunt could be restructured as a prize competition. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), ss.98-99 (lottery operating licences and mandatory conditions), Sch.11 (exempt lotteries (incidental, private, customer and small society lotteries)), s.339 (prize competitions)]

Major UK supermarket group  |  Retail and fashion  |  2013  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Multi-jurisdiction rules and terms for brand promotions run on Facebook

Advised a US consumer goods manufacturer on running prize promotions on Facebook across several countries. Proposed a model set of terms and conditions under one law, to be adapted by local lawyers, and advised on Facebook's promotion guidelines, entry mechanics and notification of winners.

US lighter and consumer goods manufacturer  |  Consumer goods  |  2012  |  Multiple jurisdictions (countries not specified)  |  Also: Advertising and marketing

Structuring a national online society lottery scheme for small charities

Advised an online charity lottery promoter on structuring a national lottery scheme for small charities under the society lottery rules of the Gambling Act 2005, responding to regulatory concerns raised by a prospective operator partner's solicitors by reference to Gambling Commission guidance on promoting multiple society lotteries. Gave a written opinion. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.252 (promoting a lottery), s.254 (lottery proceeds and profits)]

Online charity lottery promoter  |  Lotteries  |  2012  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Terms and conditions for a prize competition on a football prediction website

Drafted terms and conditions for a prize competition run on the website of an online football prediction publisher, through successive drafts, and provided further gambling law advice on the competition terms in 2015. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes)]

Online football prediction and betting tips publisher  |  Betting and sports betting  |  2012 to 2015  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Prize draw terms and conditions for entrants in the UK, EU and US

Advised a marketing agency within an international communications group on the terms and conditions of a prize draw open to entrants in the UK, the EU and the US. Advice covered UK prize draw law and data protection, with US sweepstakes rules and US email marketing law advised by US counsel. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); Data Protection Act 1998 (data protection before May 2018)]

Marketing agency within an international communications group  |  Other  |  2011  |  England and Wales, United States, EU  |  Also: Data protection, Advertising and marketing

Prize draw, email marketing and data protection advice for an online games operator

Advised a US online games operator on launching a localised UK website, including prize draws, email marketing, cookies and data protection compliance with ICO registration. Delivered UK and German advice. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); Data Protection Act 1998 (data protection before May 2018); Privacy and Electronic Communications Regulations 2003, reg.22 (electronic direct marketing)]

US and Israeli online games operator  |  Video games and esports  |  2011  |  England and Wales, Germany  |  Also: Data protection, Advertising and marketing

Review of international prize draw rules for an online survey panel

Advised an online market research panel operator on the rules for prize draws offered to panel members in several countries. Reviewed the draft official rules and a country-based template, and obtained local-law advice, including Dutch advice, so that the draw could be run lawfully on a country-by-country basis. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

International online market research panel operator  |  Other  |  2011 to 2012  |  England and Wales, Netherlands, Sweden  |  Also: Advertising and marketing

Game of skill and consolation prizes: whether a gambling licence was needed

Advised a company planning a skill-based prize game on whether instant consolation prizes and a voice-over commenting on players' attempts were consistent with a game of skill, so avoiding the need for a gambling licence. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.339 (prize competitions)]

Company planning a skill-based prize game  |  Other  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Legal opinion and terms for an online skill-based prize competition business

Advised an online business running skill-based prize competitions with travel-related prizes, giving a legal opinion and drafting prize competition terms, competition rules, privacy policy, website terms of use and a letter for its bank. Advised on the risk of worldwide entry under foreign gambling laws and on stating opening and closing dates under the UK advertising codes. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Online operator of skill-based prize competitions for travel-related prizes  |  Travel and leisure  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Advertising and marketing

Legal opinion on a skill-based iPhone prize competition app

Advised a start-up mobile app developer on whether its iPhone prize competition app, built around a skill element, was lawful under UK gambling law. Delivered a written opinion in 2010 with competition rules and terms, updated and signed in 2015 for submission to Apple. Explained the limits of advice on US state law. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

Start-up mobile app developer  |  Technology and software  |  2010 to 2015  |  England and Wales  |  Also: Social gaming, esports and skill games, Gambling regulation: advice and opinions

Lottery law analysis of a pooled prize fund draw scheme

Advised a prize draw business on whether a pooled prize fund scheme under which organisations paid into a common fund for free prize draws was a lottery under s.14 and Sch.2 to the Gambling Act 2005. Sought an informal view from the Gambling Commission and advised on product promotions and payment to enter under para.2(c) of Sch.2. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes)]

Business developing a prize draw scheme  |  Other  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Opinion on whether online quiz and essay prize competitions need a gambling licence

Advised a new online legal education provider on whether a monthly multiple-choice quiz with a cash prize, and essay and mooting competitions with cash prizes, required a gambling licence. Advised that these were prize competitions of skill and not gambling, whether or not an entry fee was charged and whatever the prize, and provided a written opinion. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

New online legal education provider  |  Other  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Legality of selling scratchcards on flights in international airspace

Advised an airline's in-house legal team, in three parts, on whether scratchcards could lawfully be sold on its flights and on the law applicable to aircraft in international airspace. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5))]

UK airline  |  Travel and leisure  |  2009  |  England and Wales, International  |  Also: Gambling regulation: advice and opinions

Licensing analysis and bank letter for an online lottery syndicate service

Advised the operator of an online syndicate management service for a cross-border lottery, not yet launched, on whether it needed a gambling licence under the Gambling Act 2005. Prepared a letter to the client's bank, which was questioning the legality of lottery syndicates before opening a merchant account, and liaised with the bank. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.33 (offence of providing facilities for gambling without a licence), s.65 (operating licences)]

Start-up online lottery syndicate management service  |  Lotteries  |  2009  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Lottery analysis and prize disclosure advice on a scratch card promotion

Advised a games supplier on a scratch card promotion, including whether it was a lottery under the Gambling Act 2005, the effect of text entry on the requirement to pay and whether prizes could be shown online only. Advised, by reference to CAP Code and OFT guidance, that the risk was manageable given its limited scale. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Gaming machine and slot games supplier within an international gaming technology group  |  Other  |  2009  |  England and Wales  |  Also: Advertising and marketing

Review of standard competition and free prize draw terms and conditions

Advised a live music promoter on its promotions and prize draws. Reviewed and updated its standard form competition and free prize draw terms and conditions so that they were lawful and enforceable, taking account of the new statutory framework and OFT guidance on unfair terms in consumer contracts. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); Unfair Terms in Consumer Contracts Regulations 1999 (unfair terms in consumer contracts)]

Live music promoter and festival operator  |  Music and entertainment  |  2009  |  England and Wales  |  Also: Consumer law, Advertising and marketing

Structuring a telephone prize game as a skill competition rather than gambling

Advised the owners of a television advertising business on commercialising a new call-in prize game, including how to present the game as a skill competition and not a lottery. Suggested giving players more feedback data, a less game-like name, a free-to-play pilot and an academic study of skill. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

Owners of a television advertising production business developing a new prize game  |  Media and broadcasting  |  2009  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Website terms and conditions for an online lottery ticket agency

Drafted website terms and conditions for a start-up online lottery ticket agent, addressing issues including unfair contract terms and whether the National Lottery operator's rules allow tickets to be bought by third parties for others. Revised several drafts with the client in 2009. [National Lottery etc. Act 1993 (National Lottery); Unfair Terms in Consumer Contracts Regulations 1999 (unfair terms in consumer contracts)]

Start-up online lottery ticket agent  |  Lotteries  |  2009  |  England and Wales  |  Also: Consumer law, Commercial contracts

Website terms, prize competition rules and data protection registration for a skill games website

Advised a start-up online skill games operator on its website terms and conditions and prize competition rules, supplying amended versions of both. Also advised that it would be a data controller under the Data Protection Act 1998 and so needed to register with the Information Commissioner's Office, and assisted with that registration. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.339 (prize competitions); Data Protection Act 1998 (data protection before May 2018)]

Start-up online skill games operator  |  Video games and esports  |  2009 to 2010  |  England and Wales  |  Also: Data protection, Social gaming, esports and skill games

Written advice on UK lottery law for a proposed online lottery project

Advised the promoter of a new online lottery project, and the UK company backing it, on the UK legal position of the project, giving a short written advice on lotteries law to support a planned investment by UK investors. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), ss.98-99 (lottery operating licences and mandatory conditions)]

UK property company backing a new online lottery project  |  Lotteries  |  2009 to 2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Opinion on a lottery-based gaming machine under the Gambling Act 2005

Advised a lottery manager on a machine-based lottery product, giving a written opinion in 2008 on a specific lottery machine under the Gambling Act 2005. The wider discussions concerned whether lottery legislation could be used, in place of gaming machine rules, to create new games for gaming machines. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.235 (gaming machine), ss.236-250 (gaming machine categories, supply and use)]

Licensed external lottery manager working with a gaming machine manufacturer  |  Lotteries  |  2008  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Opinion on a lowest unique bid reverse auction run on a television channel

Advised the European arm of an international broadcaster on a lowest unique bid reverse auction to be run on one of its television channels, with entry by text message. Gave a written opinion on the legal status of the format, including the role of skill, and on a proposed on-air script and viewer hints. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions)]

European arm of an international broadcaster  |  Media and broadcasting  |  2008  |  England and Wales  |  Also: Media, broadcasting and entertainment, Gambling regulation: advice and opinions

Whether an online paid-entry quiz competition was a lottery

Acted for a private individual launching a web quiz competition, with a cash prize for the first to answer 100 questions and a paid entry fee, on whether it fell within the definition of a lottery under the Gambling Act 2005. Reviewed the competition rules for that purpose. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5))]

Private individual launching a web quiz competition  |  Private individual  |  2008  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Legal clearance of a prize promotion linked to a rugby tournament sponsorship

Advised a global payment card company on the legal clearance of a prize promotion linked to its sponsorship of an international rugby tournament. Reviewed the proposed weekly and monthly competition rules and the contest disclosure requirements for use in the UK. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), s.339 (prize competitions); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Global payment card company  |  Financial services and trading  |  2007  |  England and Wales  |  Also: Advertising and marketing, Sports

Prize draw gaming law advice and review of a third-party services agreement

Advised a home shopping and catalogue retailer on gaming legislation in relation to a proposed prize draw and reviewed a short third-party services agreement, advising that it be redrafted as a fuller short-form contract covering revenue calculation, termination, audit, warranties and marketing of the service. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5))]

Home shopping and catalogue retailer  |  Retail and fashion  |  2007  |  England and Wales  |  Also: Commercial contracts

Terms and conditions for consumer prize promotions run with media and retail partners

Advised a chocolate manufacturer on the terms and conditions of consumer prize promotions, including a Valentine's Day promotion run with a national newspaper, a radio station and retailers. Reviewed each partner's rules, and advised on opt-in and opt-out marketing boxes for a sampling promotion with a department store. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), Sch.2 (lotteries: payment to enter and free entry routes); Data Protection Act 1998 (data protection before May 2018)]

Chocolate manufacturer  |  Food and drink  |  2007 to 2008  |  England and Wales  |  Also: Advertising and marketing, Data protection

Advice on legality of a scratchcard promotion at a music festival

Advised a live music promoter on the legal implications of running a scratchcard promotion at a music festival. The advice was given on the legislation then in force, with comment on the forthcoming change in the law and the need to revisit the position once it took effect. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)); Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Live music promoter and festival operator  |  Music and entertainment  |  2006  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on the external lottery manager certification regime

Advised the operator of a telephone prize game on the regime for becoming an external lottery manager, explaining the definition, the Gambling Commission certification process under Sch.2A of the Lotteries and Amusements Act 1976, the grounds for refusal or revocation, and how the application regime would work from 2007. [Gambling Act 2005, s.257 (external lottery manager); Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Operator of a premium rate telephone prize game  |  Other  |  2006 to 2007  |  England and Wales  |  Also: Gambling licensing and change of control

Regulatory clearance of a premium rate telephone prize game leaflet and terms

Advised the operator of a premium rate telephone prize game on clearing a promotional leaflet and game card, covering the ICSTIS code, ASA codes, terms and conditions, use of photographs and wording on withheld numbers. This followed an earlier opinion in 2005 that the competition was lawful in its current form. [Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions); CAP and BCAP Codes (advertising rules, including gambling and lotteries); Communications Act 2003, ss.120-124 (premium rate services)]

Operator of a premium rate telephone prize game  |  Other  |  2006 to 2007  |  England and Wales  |  Also: Advertising and marketing

Structuring and registering a charity society lottery across supermarket stores

Advised a national supermarket group on structuring and registering a society lottery for a charity fundraising campaign to run in its stores in 2007. Advised that it be structured as a single lottery administered locally, on registration with the Gambling Commission, and on the society and promoter to be used. [Gambling Act 2005, s.19 (non-commercial society), s.252 (promoting a lottery), s.254 (lottery proceeds and profits)]

National supermarket group  |  Retail and fashion  |  2006 to 2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Prize draw and competition structuring for consumer promotions of a confectionery brand

Advised a chocolate manufacturer on running consumer prize promotions lawfully, including a vehicle prize draw that required a free entry route to avoid being an illegal lottery under English law. Drafted terms and conditions with a postal free entry method and advised on competition rules. [Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Chocolate manufacturer  |  Food and drink  |  2004 to 2006  |  England and Wales  |  Also: Advertising and marketing

Classification of a prize scheme as betting, gaming, skill competition or lottery

Advised a games-focused online media business on how a proposed scheme, in which participants answered a question and a winner was drawn from names in a hat, would be classified under English law. Analysed it against betting, gaming, skill competition and lottery, concluding it was not betting and that betting duty did not apply. [Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions); Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions); Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Games-focused online media business  |  Media and broadcasting  |  2003  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Terms and conditions for an online consumer photo competition and award

Drafted the terms and conditions for a consumer photo competition and award promoted online for a digital camera range of a Japanese consumer electronics group. [Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions)]

Japanese consumer electronics group  |  Consumer goods  |  2002  |  England and Wales  |  Also: Advertising and marketing

Prize competition and free bet promotion linked to a stock index

Advised a spread betting business on a promotional competition on the year-end level of a stock index, concluding that a paid-entry prediction contest judged by a panel was not a lottery. Also advised on offering a free bet or sign-up bonus, and on betting advertising restrictions. [Lotteries and Amusements Act 1976, ss.1 and 14 (lotteries and prize competitions); Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Financial services group with a spread betting business  |  Betting and sports betting  |  2000  |  England and Wales  |  Also: Betting, spread betting and financial trading, Advertising and marketing

Services agreement for liquidity and hedging services to licensed gambling operators

Advised the directors of a holding company on a services agreement under which it would provide liquidity services and hedging of bets to licensed online gambling operators, and revised the draft on their comments, including separate wallets for different counterparties covering both casino and sportsbook activity and a redefinition of the company's activities. [Gambling Act 2005, s.65 (operating licences)]

Holding company investing in licensed online casinos  |  Online gambling  |  2026  |  Also: Commercial contracts

Licence agreement for hosted gambling games software

Drafted a licence agreement under which a gaming software venture would supply gambling games to a third-party licensee, converting an initial distribution form into a hosted-platform model once it emerged that the supplier would host the games. Advised on front end and remote gaming server architecture and the restrictions on hosting gambling software. [Gambling Act 2005, s.36 (territorial application and remote gambling equipment), s.41 (gambling software); Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences)]

Gaming software venture with an Isle of Man licensing company  |  Online gambling  |  2025  |  England and Wales  |  Also: IT and software, IP licensing and commercial IP

Trust deeds over players' funds bank accounts on replacement of the lottery's community interest company

Advised an external lottery manager on trust deeds, deeds of accession and a side letter documenting the transfer of the lottery scheme to a new community interest company, including whether the deeds could be amended under the existing power. Resisted proposals to re-document them and argued that the new company should bear the costs. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

External lottery manager of a branded society lottery in a media group  |  Lotteries  |  2025  |  England and Wales  |  Also: Lotteries and prize competitions, Commercial contracts

Advice on moving to a new gambling software provider and exit letter to outgoing supplier

Advised an online gambling operator licensed in Curacao on moving to a new software platform provider, including review of a draft letter to the outgoing software supplier ahead of a planned switchover in 2024.

Online gambling operator licensed in Curacao with Isle of Man directors  |  Online gambling  |  2024 to 2025  |  England and Wales  |  Also: Commercial contracts

Completion of the move to a new lottery community interest company

Advised an external lottery manager on completing its move to a new community interest company, negotiating the manager and facility agreements with the new company's solicitors and dealing with trust deeds over players' funds, name and logo goodwill terms, and the new company's Gambling Commission licence and registered address. The licence appeared on the public register in 2024. [Gambling Act 2005, s.69 (application for an operating licence), ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

External lottery manager of a branded society lottery in a media group  |  Lotteries  |  2024  |  England and Wales  |  Also: Gambling licensing and change of control, Lotteries and prize competitions

Review of casino content contracts and operator addendum for a gaming software group

Advised an Isle of Man group supplying gaming software and services, reviewing and marking up casino content contracts and an addendum requested by an operator, in the context of the group's wider settlement and sale. [Gambling Act 2005, s.41 (gambling software)]

Isle of Man gaming software and services group  |  Online gambling  |  2024  |  England and Wales  |  Also: Commercial contracts

Advice on term and data ownership under an online games partner agreement

Advised an external lottery manager on its online games partnership agreement after the games operator proposed new terms, including higher revenue targets and a buy-out option if they were missed. Questions covered the contract's term and renewal, notice, good faith renegotiation, and ownership of player data during and after the term. [Gambling Act 2005, s.257 (external lottery manager); UK GDPR and Data Protection Act 2018 (data protection)]

External lottery manager of a branded society lottery in a media group  |  Lotteries  |  2023  |  England and Wales  |  Also: Commercial contracts

Advice to an online gambling affiliate on loss of commission under an affiliate agreement

Advised an online gambling affiliate company on its position after a major operator stopped paying its commission under a standard affiliate agreement, including the effect of the term and termination clauses and whether income on referred customers should continue after termination.

Online gambling affiliate marketing company  |  Online gambling  |  2023  |  England and Wales  |  Also: Commercial contracts

Amended and restated framework services and games development agreements with an online operator

Advised a UK online games developer on amending and restating a framework services agreement and a development and licence agreement with a major online gambling operator, including bespoke games. Negotiated draft documents in 2020. [Gambling Act 2005, s.41 (gambling software); Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences)]

UK-licensed developer of online games  |  Online gambling  |  2020 to 2021  |  England and Wales  |  Also: IP licensing and commercial IP

Commercial contracts for a society lottery operator with jackpot, payment and retail partners

Advised an external lottery manager on commercial contracts, including a replacement jackpot contract with an online operator and the transition from the old arrangement by mutual termination, a partner agreement, and a bingo skin agreement template. Also advised on contracts for payment processing, a retail network and a lottery supplier. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

External lottery manager of a branded society lottery in a media group  |  Lotteries  |  2020 to 2021  |  England and Wales  |  Also: Commercial contracts

Amendment to a promotional agreement between a newspaper and a betting operator

Advised a national newspaper publisher on an amendment to its commercial agreement with a betting and gaming operator. Marked up the amendment so that the bespoke agreement would prevail over the operator's affiliate terms. The operator accepted the amendments and a signed agreement followed in 2018. [Gambling Act 2005, ss.327-328 (advertising of gambling)]

National newspaper publisher  |  Publishing  |  2018  |  England and Wales  |  Also: Advertising and marketing

Advice on potential dispute over affiliate and collaboration agreements within a gambling group

Advised a gambling operator on a potential dispute with two other gambling companies arising from an affiliate and data-sharing arrangement and a collaboration agreement. Reviewed a client-prepared chronology and supporting correspondence and gave written advice on the collaboration agreement and on a contract with another operator.

Gambling operator within a bingo and betting group  |  Bingo  |  2017  |  England and Wales  |  Also: Commercial litigation

Defence of contractual claim and injunction threat under a white label gambling agreement

Advised a gambling services company on resisting a contractual claim by its counterparty under a white label style gambling agreement, including a threatened injunction and possible arbitration. Drafted the holding letter and later letters to the counterparty's solicitors.

Gambling services company  |  Online gambling  |  2016  |  England and Wales  |  Also: Commercial litigation, Arbitration

Lottery ticket purchase agreement compliant with Gambling Commission requirements

Drafted a lottery ticket purchase agreement for a UK company selling lottery tickets, to be signed with a sporting association and with other operators in future, and designed to comply with Gambling Commission regulations. Supplied a draft for the client to complete and considered its later comments. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

UK company selling lottery tickets  |  Other  |  2015  |  England and Wales  |  Also: Lotteries and prize competitions

Three-stage agreement for betting recommendations and share acquisition with a sports statistics business

Acted for a UK company in a three-stage commercial arrangement with a sports statistics business, beginning with an agreement for betting recommendations tested against a return-on-investment threshold and leading to a share acquisition. Drafted and revised the agreement and advised on ownership of the intellectual property and whether placing bets for itself and others raised Gambling Commission issues. [Gambling Act 2005, s.13 (betting intermediary), s.65 (operating licences); Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership)]

UK private company investing in sports betting  |  Betting and sports betting  |  2015  |  England and Wales  |  Also: Corporate, M&A and due diligence, Betting, spread betting and financial trading

Advice on balance transfer on platform migration under an online gaming services agreement

Advised the interactive division of a US casino and entertainment group on whether player balances could be transferred on migration to another platform under a revised online gaming services agreement with a UK operator. Considered contractual and regulatory objections and proposed wording requiring regulator approval or reasonable endeavours where the transferee was in the same regulatory system.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2014  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Amendment to online poker software licence and assignment agreement, plus casino side letter

Advised a US casino and entertainment group's online division on a proposed amendment to its online poker software licence and assignment agreement, covering territorial rights, commitments to use the platform and triggers for loss of the platform, and drafted a side letter extending the arrangement to casino games. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.90-92 (assignment and licences)]

Online gaming division of a US casino and entertainment group  |  Online gambling  |  2013  |  France, United States  |  Also: IT and software

Drafting and negotiating a financial fixed odds platform agreement with an online betting operator

Drafted and negotiated an agreement under which a gambling operator in a financial brokerage group would supply a financial fixed odds betting service to a third-party online betting operator, covering term, service fees and currency, indemnities for customer claims, limits of liability and a definition of associated company taken from the Companies Act. [Gambling Act 2005, s.9 (betting), s.41 (gambling software)]

Gambling operator within an international financial brokerage group  |  Online gambling  |  2012  |  England and Wales  |  Also: IP licensing and commercial IP

Licence agreement for live poker events with an Australian casino operator

Acted for a US casino and entertainment group in negotiating a licensing agreement for live poker tournaments with an Australian casino operator, modelled on its earlier French agreement. Managed the drafts from term sheet to signature stage in 2012, advising on liability, indemnity, insurance and change of control terms.

Interactive division of a US casino and entertainment group  |  Land-based casinos  |  2012  |  England and Wales, Australia, United States  |  Also: IP licensing and commercial IP

Brand promotion and advertising agreement between a newspaper and a betting operator

Advised a national newspaper publisher on an agreement with a betting and gaming operator to promote and advertise the operator's brand, reviewing the operator's draft against the publisher's own precedent. [Gambling Act 2005, ss.327-328 (advertising of gambling)]

National newspaper publisher  |  Publishing  |  2011  |  England and Wales  |  Also: Advertising and marketing

Joint venture and pool betting scheme documents for a horse racing betting venture

Advised a UK media company within an international sports and media group on a horse racing pool betting joint venture with a technology partner, including the heads of agreement, betting scheme members' agreement, scheme rules, deed of membership, loan agreement and rights agreements, and on how bookmakers would participate in the pool betting scheme. [Gambling Act 2005, s.12 (pool betting)]

UK media company within an international sports and media group  |  Media and broadcasting  |  2011  |  England and Wales  |  Also: Corporate, M&A and due diligence

Long-form agreement with a gaming operator for the Spanish market

Acted for a US casino and entertainment group in converting a signed term sheet with a gaming operator for Spain into a long-form agreement, using its existing Italian agreement as the starting point. Added a condition precedent that the operator be properly licensed or have a licensed partner approved by the client, and exchanged drafts in 2011.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2011  |  England and Wales, Spain

Match previews content agreement with an online betting operator

Drafted a match previews agreement under which an online football prediction publisher supplies content to an online betting operator, working from a template and producing clean and redline versions for the operator. The publisher concluded from the advice that no gambling licence was needed for its role. [Gambling Act 2005, s.13 (betting intermediary), s.65 (operating licences)]

Online football prediction and betting tips publisher  |  Betting and sports betting  |  2011 to 2012  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Negotiation of memorandum of understanding and long-form online gaming platform agreement

Acted for a multi-channel gambling group in negotiating a memorandum of understanding and a long-form agreement with a gaming software supplier for the supply and development of online gaming systems. Drafted and negotiated the agreement, definitions and schedules, including service levels, delivery milestones, delay payments and termination rights, through successive drafts and meetings in 2011. [Gambling Act 2005, s.41 (gambling software)]

Multi-channel gambling group (betting, bingo and casinos)  |  Online gambling  |  2011  |  England and Wales  |  Also: IT and software, Commercial contracts

Poker platform development and white label services agreement for the US market

Acted for a US casino and entertainment group in negotiating a platform development and white label services agreement with a remote gambling operator, to run a poker brand in North America. Prepared redlines and issues lists on liability, insurance, change of control and a migration plan, from a term sheet in 2011 to execution copies.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2011 to 2012  |  England and Wales, United States, Israel  |  Also: IT and software, IP licensing and commercial IP

Amendment of an online bingo and casino services agreement with a UK online gaming group

Acted for the online gaming arm of a US casino group on amending its services agreement with a UK online gaming group, removing exclusivity for UK online bingo, giving the operator a first right to enter new markets with the brand and limiting affiliate and paid search marketing exclusivity. Prepared the amendment and a deed of variation.

Online gaming arm of a US casino group  |  Online gambling  |  2010  |  England and Wales  |  Also: Commercial contracts

Extension and amendment of a bingo network agreement and related deed of guarantee

Advised an online gambling group on the extension and amendment of its bingo network agreement with a bingo operator and on a related deed of guarantee and undertaking. Worked through successive drafts and comparisons in 2010.

Listed online gambling group  |  Online gambling  |  2010  |  England and Wales  |  Also: Commercial contracts

Form of agreement for licensing a financial fixed odds betting platform to foreign operators

Drafted a form of agreement under which a financial brokerage group's betting business would supply its financial fixed odds betting platform to third-party operators outside the UK, with tax amendments reflecting advice from specialist tax counsel, and a note on the regulatory position of offering the product to foreign operators. An execution version was settled in 2010. [Gambling Act 2005, s.9 (betting), s.41 (gambling software)]

Betting business within an international financial brokerage group  |  Betting and sports betting  |  2010  |  England and Wales  |  Also: IP licensing and commercial IP

Online and offline poker brand licence agreements with a French casino group

Acted for a US casino and entertainment group in negotiating online and offline licence agreements for a poker tournament brand with a French casino group. Drafted and marked up both agreements, covering renewal conditions, customer data, audit and change of control, and settled the drafts sent to the counterparty in 2010. [Trade Marks Act 1994, ss.28-31 (licensing)]

Interactive division of a US casino and entertainment group  |  Online gambling  |  2010 to 2011  |  England and Wales, France, United States  |  Also: IP licensing and commercial IP

Poker brand co-operation and licence agreement with an Italian gaming operator and Italian regulatory opinion

Acted for the interactive arm of a US casino group on a co-operation and licence agreement for its poker brand with an Italian gaming operator, negotiated through successive redlines in 2010. Instructed Italian counsel to give an opinion on the operator's licences, regulatory compliance and the criminal law aspects. [Trade Marks Act 1994, ss.28-31 (licensing)]

Interactive arm of a US casino group  |  Poker  |  2010 to 2011  |  Italy, England and Wales  |  Also: Gambling regulation: advice and opinions, IP licensing and commercial IP

Successive amendments and extension terms to an online gaming white label agreement

Acted for the online gaming arm of a US casino group on amendments to its white label agreement with an online gaming operator, including a shortfall mechanism for minimum first time depositor volumes, a revised definition of first time depositor, a migration schedule, an amendment on entry into the US market and a term sheet for an extension.

Online gaming arm of a US casino group  |  Online gambling  |  2010 to 2011  |  England and Wales  |  Also: Commercial contracts

Affiliate advertising agreement between a venue media supplier and a gambling games operator

Advised a supplier of screens and content at football clubs on a proposed affiliate agreement under which it would advertise an online gambling games operator's website at its venues in return for a share of net revenue from customers it referred. Reviewed the heads of terms, advised on key commercial risks and amended the agreement. [Gambling Act 2005, ss.327-328 (advertising of gambling)]

Supplier of TV screens and content at football clubs  |  Media and broadcasting  |  2009  |  England and Wales  |  Also: Advertising and marketing

Games content licence agreement for a start-up online gambling operator

Advised a start-up online gambling operator on a gaming content licence agreement with a third-party games supplier, through successive drafts and comments, including whether to proceed on the supplier's terms or not. [Gambling Act 2005, s.41 (gambling software)]

Start-up online gambling operator  |  Online gambling  |  2009 to 2010  |  England and Wales  |  Also: IP licensing and commercial IP

Online gaming services agreement and trade mark licence with a UK online gaming group

Acted for the online gaming arm of a US casino group on an online gaming services agreement with a UK-based online gaming group for a branded online bingo and casino offering, and on a related trade mark licence. Reviewed and commented on successive drafts, with final versions circulated in 2009. [Trade Marks Act 1994, ss.28-31 (licensing)]

Online gaming arm of a US casino group  |  Online gambling  |  2009  |  England and Wales  |  Also: IP licensing and commercial IP

Opinion on a new bingo network agreement and confidentiality letter to the counterparty

Advised an online gambling group on a newly signed bingo network agreement with a counterparty, giving a written opinion at short notice after press coverage of the counterparty's position. Also reviewed a letter reminding the counterparty of its confidentiality obligations once it became closely linked with a competitor. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Listed online gambling group  |  Online gambling  |  2009  |  England and Wales  |  Also: Commercial contracts

Review and negotiation of a white label online gaming services agreement with a remote operator

Acted for the online gaming arm of a US casino group on a long form white label services agreement with an online gaming operator, reviewing the other side's draft and producing several redrafts in 2009. Also commissioned trade mark searches to check the client's brand cover in Europe before the licensed brands were exploited there. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Online gaming arm of a US casino group  |  Online gambling  |  2009  |  England and Wales  |  Also: IP licensing and commercial IP

Variation of an online gaming white label agreement and post-termination migration schedule

Acted for the online gaming arm of a US casino group on a variation agreement and marketing addendum to a white label agreement with a remote gaming operator, including a tiered revenue share linked to first time depositors, and on a schedule governing post-termination migration of players to another platform. A second operator needed similar terms.

Online gaming arm of a US casino group  |  Online gambling  |  2009  |  England and Wales  |  Also: Commercial contracts

Advice on terminating inherited payment and software arrangements of a lottery business

Advised a lottery venture on terminating existing supply and management arrangements inherited from a predecessor lottery business at minimum cost. Also supplied a note on gambling software and the Gambling Commission's remote gambling and software technical standards, with book chapters on society lotteries and remote gambling. [Gambling Act 2005, s.41 (gambling software), ss.89 and 97 (remote technical standards and testing), ss.98-99 (lottery operating licences and mandatory conditions), s.252 (promoting a lottery)]

Newly formed lottery venture that took over a predecessor's assets  |  Lotteries  |  2008  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Amendment of a white label casino and poker agreement for an operator

Advised an online casino operator on its white label casino and poker agreement with a remote gaming group and on a proposed amendment to it. The gaming group proposed an amending agreement to reflect new processes, together with a revised white label agreement.

Small online casino and poker operator  |  Online gambling  |  2008  |  England and Wales

Opinion on exclusivity provisions across a suite of complex commercial agreements

Advised an online gambling group on the scope and strength of exclusivity provisions in a suite of complex and poorly drafted agreements with a bingo network operator, including their application to a subsidiary the counterparty had acquired. Reviewed the amended agreements, identified missing documents and gave a qualified opinion.

Listed online gambling group  |  Online gambling  |  2008  |  England and Wales  |  Also: Commercial contracts

Poker network and software licensing agreements for an online betting business

Advised on the poker arrangements of an online betting business with a poker network provider and a poker operator, reviewing and marking up poker, software licensing and network operating agreements, advising on KYC requirements under the network rules, and documenting the termination of an earlier agreement. [Gambling Act 2005, s.41 (gambling software)]

Online betting and poker business  |  Online gambling  |  2008  |  England and Wales, Malta  |  Also: IT and software

Commercial agreements for a start-up lottery business launch

Advised a start-up lottery business on the commercial agreements needed to launch its lottery, including payment processing and services agreements, a retail network agreement, an advertising agency agreement and arrangements with a lottery technology supplier. The work ran alongside its Gambling Commission licence application. [Gambling Act 2005, s.65 (operating licences), s.69 (application for an operating licence), ss.98-99 (lottery operating licences and mandatory conditions)]

Start-up lottery business  |  Lotteries  |  2007 to 2008  |  England and Wales  |  Also: Commercial contracts

Novation of white label casino agreements within a group moving to Maltese regulation

Drafted deeds of novation and revised white label agreements for a financial brokerage group's online casino business, novating two partner agreements within the group and adapting them to a move of the gambling services from the Alderney regulator to the Maltese authority.

Online casino business within an international financial brokerage group  |  Online gambling  |  2007  |  England and Wales, Malta  |  Also: Commercial contracts

Poker network agreement and exposure from shared rake with players in restricted jurisdictions

Advised a financial brokerage group's gaming business on a poker liquidity sharing agreement with a poker network, governed by English law, and on whether taking a share of rake from tables that included players from restricted jurisdictions could expose it to allegations of involvement in illegal gambling, having regard to its Nevada regulatory obligations.

Online gaming business within an international financial brokerage group  |  Poker  |  2007  |  England and Wales, United States  |  Also: Gambling regulation: advice and opinions

Poker services and escrow agreements between an online operator and a snooker club group

Acted for an online gambling operator on a proposed poker services arrangement with a UK snooker club operator, including a written opinion on the transaction, negotiation of the poker services agreement and an escrow agreement. Also dealt with linked websites and member offer voucher promotions. [Gambling Act 2005, s.33 (offence of providing facilities for gambling without a licence), s.65 (operating licences)]

Listed online gambling group  |  Online gambling  |  2006 to 2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Revision of a gambling advertising platform agreement and updated legal opinions

Advised an online football website operator on revising its platform agreement with an online gambling operator, including restoring terms to the client's original negotiating position, and on updating legal opinions on UK betting and gaming law and, through local counsel, the law of other jurisdictions. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling)]

Online football website operator within a global media and entertainment group  |  Media and broadcasting  |  2006  |  England and Wales  |  Also: Gambling regulation: advice and opinions

White label online casino agreements with media and casino brand partners

Drafted and negotiated white label online casino agreements for a financial brokerage group's gaming business, starting from a first working draft precedent of 2006 and adapting it for several media publishers, a casino resort and a poker offering, including a minimum guaranteed payment and revenue share structure.

Online casino business within an international financial brokerage group  |  Online gambling  |  2006 to 2007  |  England and Wales  |  Also: Commercial contracts

Production, broadcast and sponsorship agreements for a televised poker tournament series

Advised an online poker operator on the production and broadcast agreement and the sponsorship agreements for a televised international poker tournament series, reviewing and revising successive drafts, including a draft prepared by the client, during 2005.

Online poker operator group  |  Poker  |  2005  |  England and Wales  |  Also: Media, broadcasting and entertainment, Sports

Website and game terms and conditions for a start-up online bingo business

Advised a start-up online bingo and gaming business on its website and games terms and conditions, proposing general website terms, master game terms with sections for each game type and a privacy policy. Also advised on compliance of a free prize draw with the CAP codes and on the rules imposed under its white label arrangement. [Gambling Act 2005, s.339 (prize competitions), Sch.2 (lotteries: payment to enter and free entry routes); CAP and BCAP Codes (advertising rules, including gambling and lotteries); Data Protection Act 1998 (data protection before May 2018)]

Start-up online gaming and bingo business  |  Online gambling  |  2005 to 2006  |  England and Wales  |  Also: Advertising and marketing, Data protection

Platform agreement between a football website and an online gambling operator

Advised an online football website operator on a platform agreement with an online gambling operator under which the operator's advertising and promotional content would appear on the site. Covered the allocation of regulatory risk between the parties, including the governing-law and licensing warranty, the indemnity, US enforcement risk and the right to remove advertisements, and revised successive drafts. [Gambling Act 2005, ss.327-328 (advertising of gambling)]

Online football website operator within a global media and entertainment group  |  Media and broadcasting  |  2004 to 2005  |  England and Wales, Gibraltar  |  Also: Advertising and marketing, Media, broadcasting and entertainment

Advertising and linking agreement for a fantasy league betting product

Advised a games-focused online media business on its agreement to advertise a fantasy league product and whether its advertiser role, with remuneration linked to subscriptions, meant it was receiving or negotiating bets on the operator's behalf. Concluded that no issue arose, reviewed the agreement and supplied a model linking agreement. [Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits)]

Games-focused online media business  |  Media and broadcasting  |  2003  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Review of a casino software licence agreement for a prospective online casino operator

Advised a prospective online casino operator, then forming a company for the venture, on a draft gaming agreement with a leading casino games software supplier. The client wanted the business and its customers to remain in its hands and be saleable, and wanted protection against licensee breakaway.

Prospective online casino operator forming a company for the venture  |  Online gambling  |  2001  |  Also: IP licensing and commercial IP

Spread betting product built on direct market access trading: betting duty and regulation

Advised an Australian financial trading company on a proposed spread betting product based on direct market access trading. Raised points on the treatment of betting duty, a proposed charge on losing bets, mismatched accounting periods and the tax status of the charge. [Gambling Act 2005, s.10 (spread bets); Betting and Gaming Duties Act 1981 (betting and gaming duties)]

Australian financial trading company opening a London office  |  Financial services and trading  |  2011  |  England and Wales  |  Also: Gambling regulation: advice and opinions

UK regulatory classification of an online predictive markets platform

Advised a start-up planning an online predictive markets platform on whether it was betting under the Gambling Act 2005 or a regulated financial service (contract for difference) requiring FSA authorisation. Also advised on trade mark issues, UK company set-up and related commercial points. The client indicated it would seek FSA authorisation. [Gambling Act 2005, s.9 (betting); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Start-up operator of an online predictive markets platform  |  Financial services and trading  |  2011 to 2013  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Trade marks

Betting duty and regulation for a CFD provider entering the UK

Advised an overseas provider of contracts for difference on its plans to enter the UK market, in particular whether its CFD business would be treated as spread betting or otherwise attract UK betting duty. Considered the boundary between CFDs and spread bets. [Gambling Act 2005, s.10 (spread bets); Betting and Gaming Duties Act 1981 (betting and gaming duties); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Overseas provider of contracts for difference  |  Financial services and trading  |  2010 to 2011  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Regulatory framework for offering spread betting and online betting

Advised a financial services group's spread betting business on the legal framework for offering spread and fixed odds betting online, covering the definition of betting, credit and card funding, data protection and exposure under US law. [Betting, Gaming and Lotteries Act 1963 (betting and bookmakers' permits); Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts); Data Protection Act 1998 (data protection before May 2018)]

Financial services group with a spread betting business  |  Betting and sports betting  |  1999 to 2000  |  England and Wales, United States  |  Also: Gambling regulation: advice and opinions

Opinion on a new skill-based tournament game and update of earlier opinions

Advised, through Israeli counsel, a small operator of skill-based real-money mobile games on whether a new bubble-shooter game would fall outside gambling under UK law. Also updated the earlier opinions on two existing games to cover features that fill tournament leaderboards with previously recorded results, with attention to regulator and platform expectations. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Small operator of skill-based real-money mobile games in North America  |  Video games and esports  |  2026  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Opinions that skill-based mobile games are not gambling, with UK launch checklist

Advised, through Israeli counsel, a small operator of skill-based real-money mobile games already trading in North America on whether two of its games fell outside gambling under UK law. Delivered written opinions and a checklist of wider issues for a UK launch: advertising, the Online Safety Act 2023, data protection and consumer terms. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Small operator of skill-based real-money mobile games in North America  |  Video games and esports  |  2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Opinion on whether a match-three skill game is gambling under UK law

Advised a games studio, through an Israeli law firm, on whether its match-three game, including head to head play and a prize wheel, would be treated in the UK as a skill game and not gambling, preparing a draft written opinion and suggesting changes to the game to make its regulatory treatment more certain. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance)]

Israeli games studio  |  Video games and esports  |  2024 to 2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

UK launch advice and English law opinion on skill games

Advised an overseas operator of real-money mobile skill games, through its US subsidiary, on a proposed UK launch and on an English law opinion to be given in two phases. The first phase was to cover each of its initial games, the tests of skill and chance, team play, betting prize competitions and identical game state. [Gambling Act 2005, s.3 (meaning of gambling), s.6 (gaming and games of chance; skill and chance), s.11 (betting: prize competitions)]

Overseas operator of real-money mobile skill games  |  Video games and esports  |  2023 to 2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Terms for a branded esports series and exclusivity clause advice for a creative agency

Advised a creative agency working in esports on the terms and conditions for a branded esports tournament series run for a motor racing client, and on whether an exclusivity clause in that client's contract, which a court would treat critically as a restraint of trade, prevented it taking esports work for a competing brand.

Creative agency working in esports  |  Video games and esports  |  2022 to 2023  |  England and Wales  |  Also: Commercial contracts

Gambling status of a football prediction fundraising platform for clubs

Advised a start-up operator of an online football prediction platform for social and sports clubs on whether its game, in which some fixtures are free to predict and others are unlocked for a fee, with the pot shared between winner and club, was gambling, a skill game or a society lottery. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.14 (lottery, including the skill test in s.14(5)), ss.98-99 (lottery operating licences and mandatory conditions)]

Start-up operator of a football prediction fundraising platform for clubs  |  Online gambling  |  2018  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Lotteries and prize competitions

Gambling law and terms for an online sports performance trading game

Advised an early-stage operator of an online sports performance game, in which players trade credits on how top-flight English football teams will perform for cash prizes, on gambling law aspects of the game and its structure. Revised terms and conditions and rules for the game and for a related product. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), s.9 (betting)]

Early-stage operator of an online sports performance trading game  |  Betting and sports betting  |  2012 to 2013  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Commercial contracts

Gambling law opinion for a social sports app rejected by an app store

Advised a mobile games developer whose social sports prediction app had been rejected from an app store because users could place bets on sporting events using in-app payments. Provided a gambling law opinion on whether the app amounted to gambling, with related correspondence to the app store operator's review board. [Gambling Act 2005, s.3 (meaning of gambling), s.9 (betting)]

Mobile games developer with a social sports prediction app  |  Video games and esports  |  2012  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Memorandum on the gambling and gaming line for a social game launching in the US

Advised a Japanese social games company planning to launch a fighting game in the United States in which players pay for random draws of rare cards and items. Prepared a general memorandum on the line between gambling and gaming, with illustrative examples, covering issues to keep in mind before launch.

Japanese listed social games provider  |  Video games and esports  |  2012  |  United States  |  Also: Gambling regulation: advice and opinions

Legality of a free-to-enter online fantasy cricket game in several countries

Advised a sports media group on whether a free-to-enter, skill-based online fantasy cricket game with prizes would amount to gambling in India, Sri Lanka, South Africa, Bangladesh, Pakistan, Australia and New Zealand. Initial research for India, Sri Lanka and South Africa pointed away from gambling classification.

Sports media group  |  Media and broadcasting  |  2009  |  India, Sri Lanka, South Africa, Bangladesh, Pakistan, Australia, New Zealand  |  Also: Gambling regulation: advice and opinions

Payment services and FCA regulation of direct debit and prize-payment arrangements for lottery operations

Advised a lottery services group on whether the Payment Services Regulations 2017 and wider FCA regulation applied to its direct debit collection and prize-payment arrangements, including whether external lottery managers fall within FCA regulation, and on options for structuring the service so that it might sit outside the payment services regime. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

Lottery services group  |  Lotteries  |  2023 to 2024  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Lotteries and prize competitions

Enforcement of a game brand against copycat games in Asia and Cyprus

Acted for a casino games developer in enforcing its principal game brand against copycat games in 2025, sending letters to operators in Hong Kong and Taiwan with app store takedown requests, and planning similar action against a Cyprus-based operator. Advised against litigation in Taiwan on cost and enforcement grounds. One game page was removed soon after the letter.

Casino games developer and licensor  |  Online gambling  |  2025  |  United Kingdom, Hong Kong, Taiwan, Cyprus  |  Also: Social gaming, esports and skill games

New UK trade mark applications for a car parking operator's brand

Advised a car parking operator on new trade mark applications for its brand, recommending that it file without prior clearance searches because it had long traded under the name and the risk of an infringement claim was small. [Trade Marks Act 1994, s.10 (infringement)]

Car parking operator  |  Automotive and transport  |  2025  |  England and Wales

Possible IPEC trade mark infringement claim to remove a similar-named app

Advised a trade mark proprietor on a possible trade mark infringement claim under s.10 of the Trade Marks Act 1994, with passing off, in the Intellectual Property Enterprise Court, aimed at having a similar-named app removed from the App Store. Obtained counsel's view that prospects were moderately favourable. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

UK trade mark proprietor with a sleep-related brand  |  Other  |  2025  |  England and Wales  |  Also: Passing off and brands

Trade mark and domain name dispute with a similarly named website operator

Acted for a UK watch business in a dispute with the operator of a similarly named website, including a letter before action, without prejudice negotiation and consideration of a Nominet complaint based on the client's trade marks and the other party's lack of genuine business. [Trade Marks Act 1994, s.10 (infringement); Nominet Dispute Resolution Service Policy (abusive .uk registrations)]

Watch business in the UK  |  Retail and fashion  |  2025  |  England and Wales  |  Also: Domain names

Trade mark and passing off clearance advice on new furniture retail brands

Advised an online furniture retailer on the trade mark infringement and passing off risk of new brands planned for launch in 2025, following an earlier settlement with a competitor. Gave a preliminary view that the proposed name was close to generic and hard to register without evidence of acquired distinctiveness, pending a search of the registers. [Trade Marks Act 1994, s.3 (absolute grounds for refusal), s.10 (infringement); Passing off (common law)]

Online furniture retailer  |  Retail and fashion  |  2025  |  England and Wales  |  Also: Passing off and brands

Trade mark applications for four marks of a prize draw business

Advised a company formed to run free prize draws and contests on applications to register four trade marks, including the marks, classes and specifications to be covered. [Trade Marks Act 1994, s.3 (absolute grounds for refusal)]

Company formed to run free prize draws and promotional contests  |  Other  |  2025 to 2026  |  England and Wales

Trade mark portfolio schedule and licensing advice for a contract manufacturing agreement

Advised a cannabis medicines group on its trade mark position in connection with a manufacturing agreement with a contract manufacturer and a related acquisition. Searched registers and prepared a schedule of live UK and EU marks, and advised on the need for trade mark licences, warranties and indemnities before third party branding is applied to goods. [Trade Marks Act 1994, ss.28-31 (licensing)]

UK cannabis medicines and pharmaceutical group  |  Pharmaceuticals and healthcare  |  2025  |  England and Wales, EU  |  Also: IP licensing and commercial IP

UK and Madrid Protocol trade mark filings for a principal game brand

Acted for a casino games developer in filing a new UK trade mark application for its principal game brand and, based on it, an international registration under the Madrid Protocol, to strengthen enforcement against copycat games. Applications were filed in 2025.

Casino games developer and licensor  |  Online gambling  |  2025  |  United Kingdom, International (Madrid Protocol)

UK series trade mark application for an online gaming business's name

Advised the general counsel of an Isle of Man online gaming business on registering its name as a UK trade mark, recommending a series of monochrome and colour versions after noting that an earlier UK registration had lapsed and could not be restored. The client chose to proceed with the UK application only.

Isle of Man online gaming business  |  Online gambling  |  2025  |  England and Wales

Defence of South African trade mark infringement and passing off allegations over a company name

Defended a mining company against pre-action allegations of trade mark infringement and passing off, based on South African registrations of a similar name held by another company. Corresponded with the claimant's South African attorneys. The correspondence concluded with the client changing its logo and proceeding with a change of company name.

Public limited mining company  |  Other  |  2024  |  South Africa, England and Wales  |  Also: Passing off and brands

Options for dealing with a later business using an identical name

Advised a consumer products company on options for dealing with a later business using an identical name in a similar product sector, where customers and partners were already confused. Considered trade mark rights and a proportionate, cost-effective approach in place of the heavy-handed action proposed by its existing advisers. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Consumer products company  |  Consumer goods  |  2024 to 2025  |  England and Wales  |  Also: Passing off and brands

Settlement compliance dispute over competitor keyword advertising for a furniture retailer

Advised an online furniture retailer after a competitor alleged that its advertisements were again appearing against the competitor's restricted brand search terms, in breach of an earlier settlement agreement. Responded to the complaint, including a reported false positive in 2024, and handled the resulting correspondence with the competitor's solicitors. [Trade Marks Act 1994, s.10 (infringement)]

Online furniture retailer  |  Retail and fashion  |  2024  |  England and Wales  |  Also: Advertising and marketing

Trade mark advice on the name of a historic London tavern ahead of a property sale

Advised a property-owning client, in connection with a prospective sale of its site, on the trade mark position affecting the name of a historic London tavern at the property. Gave preliminary advice in 2024.

Property-owning company with a historic London tavern site  |  Property and construction  |  2024  |  England and Wales  |  Also: Passing off and brands

Action against a UK online shop impersonating a brand owner

Acted for a German health and beauty products group against a UK online shop that used a confusingly similar name and domain and presented itself as the official UK shop. Advised on trade mark infringement, passing off and copyright, compared an injunction with a UDRP complaint, identified the operator, and conducted pre-action correspondence and domain name transfer. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

German health and beauty products group  |  Consumer goods  |  2023  |  England and Wales  |  Also: Passing off and brands, Domain names

Defence of trade mark and passing off claims over competitor keyword advertising

Defended an online furniture retailer against threatened trade mark infringement and passing off claims by a competitor, arising from bidding on the competitor's brand name as a Google search advertising keyword. Responded to the letter before action, instructed counsel, and negotiated a written settlement agreement, signed in 2024, on keyword use. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Public record: Oak Furnitureland Group Ltd v Moreham Wood Ltd, High Court, Intellectual Property List, Claim No. IL-2023-000198.

Online furniture retailer  |  Retail and fashion  |  2023 to 2024  |  England and Wales  |  Also: Passing off and brands, Advertising and marketing

Response to trade mark infringement allegation over an 'easy'-formative sign

Advised a UK media and publishing company on an allegation of trade mark infringement made by solicitors for the owner of a well-known group of 'easy' marks. Assessed the strength of the claim in light of recent High Court authority on families of marks and sent a response letter. [Trade Marks Act 1994, s.10 (infringement)]

UK media and publishing company  |  Publishing  |  2023  |  England and Wales  |  Also: Passing off and brands

Threatened opposition to a UK tagline logo trade mark application and coexistence terms

Acted for an early-stage adventure sports platform whose UK trade mark application for a tagline logo in classes 35 and 41 was threatened with opposition by the owner of an earlier mark. Advised on the merits, prepared a response to the opponent's solicitors and advised on its proposed coexistence terms restricting goods and services. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition)]

Early-stage adventure sports platform  |  Sport  |  2023 to 2024  |  England and Wales

Advice on opportunistic third-party trade mark registrations of a jewellery brand

Advised a jewellery brand owner whose name had been registered as a trade mark in the UK, US and China by unconnected third parties. Reported on the live registrations in class 14 and recommended filing its own applications, considering revocation, and then offering to take an assignment of the rival UK registration for the fees paid. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions), s.46 (revocation for non-use)]

Jewellery brand owner  |  Consumer goods  |  2022  |  England and Wales, United States, China

Assignment of UK trade marks to a Slovenian company

Advised a UK private company on transferring its UK trade marks to a Slovenian company. Drafted the deed of transfer and the UKIPO Form TM16, advised on filing and recordal of the change of ownership, and advised on the proper effective date of the transfer rather than backdating it. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions)]

UK private company  |  Other  |  2022  |  England and Wales  |  Also: IP licensing and commercial IP

Opposition to a UK trade mark application copying a client's bunny logo

Advised a North American travel technology company on a UK trade mark application by a children's gym for a mark and logo resembling the client's registered bunny logo. Advised on infringement, copyright in the logo and opposition at the UKIPO, and prepared the notice of opposition. [Trade Marks Act 1994, s.10 (infringement), s.38 (opposition); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

North American travel booking technology company expanding in Europe  |  Travel and leisure  |  2022  |  England and Wales  |  Also: Copyright

Trade mark portfolio and assignment advice for a consumer brand company

Advised a UK consumer brand company, working with its trade mark attorneys, on its trade mark portfolio (UK, US and international registrations) and a related assignment document, together with general commercial advice. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions)]

UK consumer brand company  |  Consumer goods  |  2022  |  England and Wales, United States, EU  |  Also: Commercial contracts

UK word mark filing for a podcast and television title

Advised a production company on protecting the title of a podcast and television project, and instructed trade mark attorneys to file a UK word mark application in classes 9 and 41, covering films, recordings and podcasts and entertainment and production services, after the client chose UK-only protection. The application was filed.

Independent audio and television production company  |  Media and broadcasting  |  2022 to 2023  |  United Kingdom  |  Also: Media, broadcasting and entertainment

Defence of a UK trade mark infringement complaint over treatment machine marks

Defended a beauty-treatment business against a UK trade mark infringement complaint brought for a manufacturer of treatment machines under two registered marks, which demanded undertakings by a fixed date. Drafted the response letter to the manufacturer's trade mark attorneys and dealt with a related social media platform restriction. [Trade Marks Act 1994, s.10 (infringement)]

Beauty-treatment business  |  Other  |  2021 to 2022  |  England and Wales

Defence of a UK trade mark registration against an invalidity application

Advised a drinks group whose newly registered UK trade mark was attacked by the owner of an earlier mark for similar drinks, on likelihood of confusion. The registration was surrendered in 2022. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.47 (invalidity)]

International drinks group  |  Food and drink  |  2021 to 2022  |  United Kingdom

Opposition at UKIPO to a third party's UK trade mark application for a business name

Acted for a property group in an opposition before the UK Intellectual Property Office to a third party's UK trade mark application. Prepared the notice of opposition and statement of grounds, wrote to similarly named companies and to the applicant's solicitors, and gave a witness statement. The opposing company was later dissolved. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition)]

Property group with an innovation park development  |  Property and construction  |  2021 to 2023  |  England and Wales, United Kingdom  |  Also: Passing off and brands

Trade mark application dispute settled by undertaking over a drink flavour name

Advised a drinks group on a UK trade mark application for a flavour name that met a conflict with a third party, negotiating terms and an undertaking. Terms were agreed in 2023. [Trade Marks Act 1994, s.5 (relative grounds for refusal)]

International drinks group  |  Food and drink  |  2021 to 2023  |  United Kingdom

Trade mark dispute over a payments brand and defence of pending UK applications

Advised a start-up payments business on a trade mark dispute with an established group whose representatives alleged conflict with its earlier rights. Arranged searches of registers in several jurisdictions, assessed the risk of opposition to the client's UK applications, advised on coexistence undertakings, withdrawal or purchase of the rights, and wrote response letters to the group's representatives. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition)]

Gibraltar-based start-up payment services business for the Indian diaspora  |  Financial services and trading  |  2021  |  United Kingdom  |  Also: Passing off and brands

Trade mark opposition on absolute grounds against a descriptive development name

Acted for a property development group in opposing a third party's UK trade mark application for a descriptive name that matched its development. Advised that relative grounds were unavailable, wrote to the applicant's solicitors proposing co-existence, approached other potential opponents and filed an opposition on absolute grounds at the UKIPO. [Trade Marks Act 1994, s.3 (absolute grounds for refusal), s.38 (opposition); Passing off (common law)]

Property development and investment group  |  Property and construction  |  2021 to 2022  |  England and Wales  |  Also: Passing off and brands

Company name confusion dispute for an investment manager

Acted for an investment manager in a dispute over a confusingly similar company name, where customers reported confusion. Advised on the options, wrote a series of letters seeking undertakings, and warned of an application to object to the company name and of a claim for costs and financial remedies. [Passing off (common law); Companies Act 2006, s.69 (company names objections)]

Investment management firm running an investment fund  |  Financial services and trading  |  2020 to 2021  |  England and Wales  |  Also: Passing off and brands

Trade mark clearance, opinion and filings for a holding company name

Advised a maritime business group on adopting a new holding company name as a trade mark. Arranged searches and a clearance opinion through specialist trade mark attorneys, followed by UK and EU applications for the name, including a draft specification and consideration of a possible opposition relating to a similar third-party application. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Maritime business group in the UK  |  Other  |  2020 to 2021  |  England and Wales, EU

International trade mark protection strategy for a VPN brand

Advised a Hong Kong-based VPN service provider on international trade mark protection for its brand, registered only in Hong Kong, including use of the Madrid system, prompted by competitors and affiliates bidding on its brand as search keywords. The client paused while taking up the search engine's trade mark policy.

Hong Kong-based online VPN service provider  |  Technology and software  |  2018  |  Hong Kong, International (Madrid System)  |  Also: Advertising and marketing

Registration and clearance of a slogan for an online slots brand

Advised an online slots operator on registering a new slogan for its slots brand and clearing it for online gaming services in class 41, where the same words were already registered in the UK in class 9. [Trade Marks Act 1994, s.3 (absolute grounds for refusal), s.5 (relative grounds for refusal)]

Online slots operator  |  Online gambling  |  2016  |  United Kingdom

Advice against an application under art.100(7) of the Community Trade Mark Regulation

Advised the in-house legal team of a manufacturer on a proposed application under art.100(7) of the Community Trade Mark Regulation. Advised that the application was very likely to fail and would probably lead to a significant adverse costs order, and prepared instructions to counsel. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Manufacturer with an in-house legal team  |  Consumer goods  |  2015  |  EU, England and Wales  |  Also: Commercial litigation

High Court trade mark, licence and domain name litigation, with appeal

Acted for a UK industrial equipment company in a dispute over trade marks, a licence agreement and domain names, advising on trade mark cancellation and proceedings in England. Judgment at first instance was largely in the client's favour and in 2017 the Court of Appeal granted the opponent permission to appeal on 11 of 12 grounds. [Trade Marks Act 1994, ss.28-31 (licensing), s.46 (revocation for non-use)]

Public record: Process Components Ltd v Kason Kek-Gardner Ltd [2016] EWHC 2198 (Ch), Proudman J, 5 September 2016 (Claim No. HC-2016-000164). Appeal dismissed: [2017] EWCA Civ 2132, 14 December 2017.

UK industrial equipment company  |  Engineering and manufacturing  |  2015 to 2017  |  England and Wales, United States  |  Also: Commercial litigation, Domain names

Opinion on use of third party brand names and images in retail advertising

Advised a subsidiary of an AIM-listed pawnbroking group on how it could use third party trade marks, logos and product images in its stores, advertising and website, including statements about selling second hand branded watches. Prepared a written opinion for the client to hold on file in case a brand owner or regulator raised questions. [Consumer Protection from Unfair Trading Regulations 2008 (unfair commercial practices); Trade Marks Act 1994, s.10 (infringement), s.11 (limits on the effect of a registered mark)]

Subsidiary of an AIM-listed pawnbroking group  |  Financial services and trading  |  2015  |  England and Wales  |  Also: Copyright, Advertising and marketing

Rectification of an intra-group trade mark assignment before sale of a crafts business

Advised an industrial thread and crafts group on correcting a defective 2007 intra-group trade mark assignment before completion of the sale of its EMEA crafts business. Drafted a deed of rectification, revised the related intra-group trade mark licence needed to support sub-licensing to the buyer, and advised on the risks in the parties' confirmations. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions), ss.28-31 (licensing)]

Industrial thread and crafts group  |  Engineering and manufacturing  |  2015  |  England and Wales  |  Also: Corporate, M&A and due diligence, IP licensing and commercial IP

Trade mark assignment and international filing programme for a VPN service brand

Advised a VPN services group on protecting a brand, including the assignment of a UK trade mark application, and a related domain name, between group companies, followed by filing and prosecution of EU, Canadian and international (Australia and US designations) trade mark applications, including a potential opposition to a third-party EU application and a provisional US refusal. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

VPN and internet services group  |  Technology and software  |  2015 to 2016  |  England and Wales, EU, Canada, Australia, United States  |  Also: Domain names

Advice on stopping sales of counterfeit optical fibre tools on an online marketplace

Advised the European arm of a Japanese manufacturer on stopping the sale of fake and clone optical fibre cleaving tools on an online marketplace. Set out options under English law: trade mark infringement (civil and criminal), grey goods, passing off and customs notification, with patent and design protection to be checked with the parent. [Trade Marks Act 1994, s.10 (infringement), s.12 (exhaustion of rights and parallel imports), s.89 (customs notices and seizure), s.92 (criminal offences and counterfeits); Passing off (common law)]

European subsidiary of a Japanese electrical and optical fibre equipment manufacturer  |  Engineering and manufacturing  |  2014  |  England and Wales, EU  |  Also: Passing off and brands

High Court groundless threats and declaration claim and trade mark cancellation dispute over a rival brand

Acted for a US lighter manufacturer defending a High Court claim by a rival brand owner and its UK distributor for groundless threats and declarations, together with the manufacturer's own proceedings. Coordinated with parallel trade mark cancellation proceedings in Germany and the EU. Instructed counsel, prepared directions, disclosure and witness evidence, and prepared settlement documents in 2015. [Trade Marks Act 1994, s.10 (infringement), ss.21-21F (unjustified threats)]

Public record: Cygnet UK Trading Ltd and Lorillard Technologies Inc v Zippo Manufacturing Co, High Court, Chancery Division, Claim Nos. HC-2014-001184 and HC-2015-000240. Settled by consent order in 2015.

Lighter and consumer goods manufacturer based in the US  |  Consumer goods  |  2014 to 2015  |  England and Wales, Germany, EU  |  Also: Commercial litigation

Trade mark dispute over an ice cream brand with an individual, including UKIPO proceedings

Acted for a protein ice cream company in a trade mark dispute over its brand with an individual, including a cease and desist letter, strategy advice and UKIPO proceedings in which a Form TM8 counterstatement and a skeleton argument were prepared. [Trade Marks Act 1994, s.47 (invalidity)]

Venture-backed protein ice cream company  |  Food and drink  |  2014 to 2015  |  United Kingdom  |  Also: Passing off and brands

Trade mark litigation and Community Trade Mark opposition over an e-device logo

Acted for a car rental group in trade mark litigation and parallel Community Trade Mark opposition proceedings against a competitor concerning an e-device logo, including preparing witness statements, witness familiarisation and advice on use of the logo in France and the UK. [Trade Marks Act 1994, s.10 (infringement); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Car rental group  |  Automotive and transport  |  2014  |  England and Wales, EU  |  Also: Commercial litigation

Advice to a fashion group on a trade mark dispute with an Irish trader

Advised a fashion retail group on a dispute with an Irish business trading under a similar name, and on a proposed response letter. Prepared advice for the finance director, drawing on Article 12 of the Community Trade Mark Regulation. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

UK fashion retail group with several brands  |  Retail and fashion  |  2013  |  Ireland, EU  |  Also: Passing off and brands

Community trade mark application for an electricity exchange's name

Acted for a European electricity exchange operator in filing a Community trade mark application at OHIM for its name in stylised form. Advised on trade mark protection and on whether to add a plain word mark application for additional protection. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

European electricity exchange operator  |  Energy, oil and gas  |  2013  |  EU

UK trade mark dispute over a greeting card brand with a competitor

Advised a US greeting card group on a UK trade mark dispute with a competitor over use of a card brand, and prepared for a possible invalidity action. [Trade Marks Act 1994, s.10 (infringement), s.47 (invalidity)]

US greeting card group  |  Consumer goods  |  2013  |  England and Wales

Advice on action against shops trading under a fashion brand's name

Advised a fashion retailer on whether to take trade mark infringement action against two other shops trading under names containing its brand. Advised that the marks were similar and the goods identical, but that options were limited, and that the client was probably best leaving things as they were unless either shop expanded. [Trade Marks Act 1994, s.10 (infringement)]

Fashion retailer  |  Retail and fashion  |  2012  |  England and Wales

Community trade mark infringement by an Android card game app

Acted for an online gaming group against a developer selling a rummy-style card game app under a name said to infringe the client's Community trade mark. Sent cease and desist letters and a chaser, then wrote to app store websites and made removal requests to Google. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Online betting and gaming group with a card game brand  |  Online gambling  |  2012  |  EU  |  Also: Social gaming, esports and skill games

Defence of a pre-action trade mark and website terms claim by a car-buying business

Defended a consumer media publisher against a pre-action letter from a car-buying business, concerning an email, use of its name and trade marks, and its website terms, and demanding ten undertakings by a short deadline. Challenged the deadline, offered limited interim undertakings without admission of liability, and prepared a fuller response, including material for a possible ASA complaint. [CAP and BCAP Codes (advertising rules, including gambling and lotteries); Trade Marks Act 1994, s.10 (infringement)]

Consumer media publisher  |  Publishing  |  2012  |  England and Wales  |  Also: Commercial litigation, Advertising and marketing

Trade mark dispute and co-existence negotiations in Australia for a fashion retailer

Advised a fashion retailer on a trade mark dispute in Australia with an Australian company over rights in its brand, working with Australian counsel. The work included a co-existence agreement, correspondence with the other side, an extension of time to oppose at IP Australia, urgent litigation advice in 2013 and a strategy memorandum.

Fashion retailer  |  Retail and fashion  |  2012 to 2013  |  England and Wales, Australia  |  Also: Commercial litigation

Trade mark infringement claim and settlement against a clearance retailer

Acted for a fashion retail group against a clearance retailer and other sellers that had sold goods bearing its trade marks. Obtained signed undertakings and settled with a payment and a charitable donation, rather than requiring return of the stock. Other sellers were offered no proceedings if they returned stock and contributed to costs. [Trade Marks Act 1994, s.10 (infringement)]

UK fashion retail group with several brands  |  Retail and fashion  |  2012  |  England and Wales  |  Also: Commercial litigation

Trade mark searches and investigation in France for an expanding fashion retailer

Advised a fashion retailer on a trade mark problem in France arising from its international expansion, including French trade mark searches, review of a translated French filing and background investigation of a third party concerned.

Fashion retailer  |  Retail and fashion  |  2012  |  France

Cease and desist letter over misuse of a trade mark and website content

Acted for an insurance company in respect of an individual employed by its website developer who had published its registered trade mark, logos and website material on a personal portfolio site. Drafted a cease and desist letter with undertakings not to claim rights in or republish the material, and advised on ownership of the rights. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.16-18 (infringement by copying and issuing copies)]

Insurance company  |  Financial services and trading  |  2011  |  England and Wales  |  Also: Copyright

Response to a trade mark infringement complaint over a clothing style name

Advised a fashion retailer on a cease and desist letter and letter before action alleging infringement of a trade mark for a clothing style name. Advised that a claim would probably succeed unless the term had become generic, and drafted a conciliatory reply promising to stop using the name. Also advised on keyword purchase and insurance cover. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

UK fashion retail group  |  Retail and fashion  |  2011  |  England and Wales  |  Also: Passing off and brands

Trade mark and design protection strategy for a start-up fashion brand

Advised a start-up fashion brand on protecting its brand in the UK and overseas, recommending a word mark in addition to its design-format registration, extension to further classes including online retail, and Community, US, Japanese and Dubai filings. The advice also covered registered designs. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity); Registered Designs Act 1949, s.1B (novelty and individual character)]

Start-up fashion and clothing brand  |  Retail and fashion  |  2011  |  England and Wales, EU, United States, Japan, United Arab Emirates  |  Also: Designs

Anti-counterfeiting programme for a retail brand, including trader undertakings and Trading Standards

Acted for a UK design-led retail brand in a programme against counterfeit and look-alike goods. The work included template cease and desist letters and undertakings for traders, a letter before action, approaches to Trading Standards invoking s.92 of the Trade Marks Act 1994, online marketplace listings and the use of the client's fabrics by home-workers. [Trade Marks Act 1994, s.10 (infringement), s.92 (criminal offences and counterfeits); Passing off (common law)]

UK design-led retail brand  |  Retail and fashion  |  2010 to 2014  |  England and Wales, Hong Kong  |  Also: Designs, Passing off and brands

Trade mark enforcement against a similarly named poker tour operator

Acted for a poker tournament series operator in a potential trade mark infringement dispute over a similarly named poker tour. Prepared letters to the parties concerned in 2010, including a letter before action. [Trade Marks Act 1994, s.10 (infringement)]

Operator of a live poker tournament series within an online poker group  |  Poker  |  2010  |  England and Wales  |  Also: Passing off and brands

Trade mark enforcement against an unauthorised UK seller, leading to distribution terms

Acted for a US aircraft manufacturer against a UK company selling its products under its trade marks without permission. Sent a cease and desist letter, held discussions with the company's counsel after its solicitors replied, and worked on a sub-distribution agreement intended to bring the company into the client's distribution network. [Trade Marks Act 1994, s.10 (infringement)]

US light aircraft manufacturer  |  Automotive and transport  |  2010  |  England and Wales  |  Also: IP licensing and commercial IP, Commercial contracts

UK name dispute between a marketing group and a mobile email provider

Acted for a global marketing services group and one of its agencies against a mobile email provider trading in the UK under a name in which the group claimed rights. Sent a letter before action, corresponded with the provider's IP advisers, instructed counsel and worked with them on Particulars of Claim for proceedings. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Global marketing services group and one of its agencies  |  Professional services  |  2010  |  England and Wales  |  Also: Passing off and brands

UK trade mark applications and oppositions for an online gaming brand

Advised an online gaming operator licensed in Malta on UK trade mark applications for its gaming brand names, four of which faced oppositions before the UKIPO, and on a related name conflict with a third party, including holding back planned EU applications pending resolution of that conflict. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition); Passing off (common law)]

Malta-licensed online gaming operator with offshore holding company  |  Online gambling  |  2010  |  England and Wales, EU  |  Also: Passing off and brands, Gambling regulation: advice and opinions

Updating owner names on IP registers to support security registration

Advised a UK building products manufacturing group on updating owner names on patent, design and trade mark registrations in the UK, EU and many overseas jurisdictions, so that a chargee's lawyers could register security under a debenture. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions); Patents Act 1977, ss.30-33 (assignment, licences and registration)]

UK building products manufacturing group  |  Engineering and manufacturing  |  2010  |  England and Wales, EU  |  Also: Patents, Designs

Cease and desist letter and undertakings over UK trade mark infringement at a race event

Advised a motor racing championship rights holder on a draft cease and desist letter and undertakings directed at infringing use in the UK, running alongside proceedings in the Benelux. Considered trade mark infringement, copyright and passing off, and an interim injunction, which was not pursued. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Global motor racing championship rights holder  |  Sport  |  2009  |  England and Wales, Benelux  |  Also: Sports, Passing off and brands

Compliance with a trade mark settlement after a distributor targeted UK customers

Advised a US sports nutrition company on a complaint that its US distributor was targeting UK consumers online in breach of the terms of an earlier trade mark settlement, assessing whether the client was itself in breach and preparing draft correspondence to the other side's solicitors. [Trade Marks Act 1994, s.10 (infringement)]

US sports nutrition bar company  |  Food and drink  |  2009  |  England and Wales  |  Also: Commercial litigation

Defence of a letter of claim alleging infringement of an events trade mark

Defended a small public relations business against a letter of claim from a company and its sole director, who owned a UK registered trade mark for event organising services, responding to the allegations and demand for costs. After the claimant's reply, advised against further engagement with the claimants. [Trade Marks Act 1994, s.10 (infringement)]

Small public relations business  |  Professional services  |  2009 to 2010  |  England and Wales  |  Also: Passing off and brands

Trade mark advice on a discount retailer's use of the client's brand name online

Advised a bathroom products supplier about a discount retailer using its brand name on a website alongside images of products that were not the client's. Advised on the limits of trade mark infringement where genuine goods are sold, and on implied authorisation and passing off, and recommended a letter demanding that the use stop. [Trade Marks Act 1994, s.10 (infringement), s.12 (exhaustion of rights and parallel imports); Passing off (common law)]

Bathroom products manufacturer and supplier  |  Consumer goods  |  2009  |  England and Wales  |  Also: Passing off and brands

Trade mark and passing off dispute with an overseas homewares brand over look-alike labels

Acted for a UK design-led retail brand against an overseas homewares company whose residual national trade mark registrations and look-alike labels and designs conflicted with the client's brand. Sent a letter before action alleging passing off, negotiated without prejudice with the other side's Danish counsel, and proposed settlement terms in 2010 that the client approved. [Passing off (common law)]

UK design-led retail brand  |  Retail and fashion  |  2009 to 2010  |  England and Wales, Denmark, Germany, Finland  |  Also: Passing off and brands, Copyright

Trade mark clearance and registration advice for a new business name

Advised a new business venture on registering a trade mark for its chosen name, including a clearance search for identical and similar marks in the UK and Europe, and a check of company name availability at Companies House ahead of forming a company. [Trade Marks Act 1994, s.5 (relative grounds for refusal); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

New business venture planning to trade under a new name  |  Other  |  2009  |  United Kingdom, EU

Trade mark oppositions in the UK and EU over competing glacier water marks

Acted for a Norwegian bottled water company in opposition proceedings in the UK and before the EU trade mark office against a UK company's applications for similar glacier water marks. Prepared evidence and negotiated, without prejudice, a proposed settlement under which the opposed applications would be withdrawn. [Trade Marks Act 1994, s.38 (opposition); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Norwegian bottled water company  |  Food and drink  |  2009 to 2010  |  United Kingdom, EU

Trade mark portfolio administration including recordal of a change of proprietor name

Advised a Japanese consumer electronics group on administration of its trade mark portfolio, including international recordal of a change of proprietor name, and on address for service on registrations filed in a number of classes for a product-range mark. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions)]

Japanese consumer electronics group  |  Consumer goods  |  2009  |  England and Wales, EU

Defending UK trade mark infringement and passing off claim over a nutrition bar brand

Defended a US sports nutrition company in a High Court (Chancery Division) claim for infringement of UK and Community trade marks and passing off, seeking a stay pending its invalidity proceedings against the Community mark before OHIM. The dispute was resolved by a written settlement agreement. [Trade Marks Act 1994, s.10 (infringement); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity); Passing off (common law)]

Public record: Maximuscle Ltd v Promax Nutrition Corporation, High Court, Chancery Division, Claim No. HC08C02634.

US sports nutrition bar company  |  Food and drink  |  2008 to 2009  |  England and Wales, EU  |  Also: Passing off and brands, Commercial litigation

Keyword advertising trade mark infringement by a competing spread betting provider

Acted for a spread betting operator in a trade mark infringement complaint against a competitor whose sponsored search advertisements appeared in response to searches for the operator's registered name. Sent a letter before action with proposed undertakings in 2008, followed up in 2009, and considered similar letters to other advertisers using the name as a keyword. [Trade Marks Act 1994, s.10 (infringement)]

Spread betting operator within an international financial brokerage group  |  Financial services and trading  |  2008 to 2009  |  England and Wales  |  Also: Advertising and marketing

Response to threatened opposition to an EU trade mark application for a word mark

Advised the owner of an EU trade mark application for a word mark on a threatened opposition by the owner of an earlier mark. Drafted the response to the opponent's solicitors, which offered to withdraw class 35 services from the related logo application, and advised on paying the word mark registration fee. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Internet media and online services business  |  Technology and software  |  2008  |  EU, England and Wales

Template letters before action and undertakings to enforce a recycling logo trade mark

Advised the UK exclusive licensee of a recycling logo trade mark on enforcement against businesses using it without authority. Reviewed and settled a generic letter before action, a form of undertakings and a licensed-user letter, making the defined terms consistent and the infringement explanation match the facts. [Trade Marks Act 1994, s.10 (infringement), ss.28-31 (licensing); Passing off (common law)]

Exclusive UK licensee of a recycling device trade mark  |  Other  |  2008 to 2009  |  England and Wales  |  Also: Passing off and brands

Trade mark infringement allegation over a collection name on a retailer's website

Advised a UK retail group on an allegation of infringement of a registered trade mark by a descriptive collection name used on its website, after checking that the mark was registered and in use. The client removed the name from its website and asked whether it had to reply to the complainant. [Trade Marks Act 1994, s.10 (infringement)]

UK retail group  |  Retail and fashion  |  2008  |  England and Wales  |  Also: Passing off and brands

Trade mark infringement and domain name claims over unauthorised poker brand websites

Acted for an online poker operator against two parties running websites that used its marks in their domain names. Drafted letters before action, undertakings and without prejudice settlement offers seeking closure of the sites and transfer of the domain names, and advised on enforcing a UK judgment in Gibraltar. [Trade Marks Act 1994, s.10 (infringement)]

International online poker operator  |  Poker  |  2008  |  England and Wales, Gibraltar  |  Also: Domain names

Trade mark infringement and passing off dispute over a design agency's name

Acted for a UK design agency holding a registered trade mark for graphic design services against a newly formed web design business using the same name. Sent letters before action, required undertakings and rebranding, negotiated an orderly transition including a limited period to keep a domain name, and drafted a settlement agreement and undertakings. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

UK graphic and web design agency  |  Professional services  |  2008  |  England and Wales  |  Also: Passing off and brands, Domain names

Trade mark objection to a barristers' chambers name and rebranding advice

Advised a set of barristers' chambers facing an objection from the owner of an identical name whose trade mark was about to register, on infringement exposure and the adoption of a new name. Offered a clearance check and drafted the response to the owner's trade mark agents. The client moved to a new name. [Trade Marks Act 1994, s.10 (infringement)]

Set of barristers' chambers  |  Professional services  |  2008 to 2009  |  United Kingdom  |  Also: Passing off and brands

Urgent trade mark infringement and passing off complaint for a government client

Advised a UK government legal department on an urgent trade mark infringement and passing off complaint, and prepared a letter to the third party concerned. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

UK government legal department  |  Charity and public sector  |  2008 to 2009  |  England and Wales  |  Also: Passing off and brands

Coordinated UK and China action against a company using the client's brand and domain name

Acted in England for a financial brokerage group against a UK-registered company using a name and domain name incorporating its trade mark, alongside US and Chinese counsel. Advised that a short delay would not prejudice an interim injunction, and drafted a letter before action and undertakings and a parallel letter to Chinese regulators. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

International inter-dealer broker group  |  Financial services and trading  |  2007  |  England and Wales, China  |  Also: Passing off and brands, Domain names

Investigation of and warning letter to a new company with a similar name

Advised an international document destruction services group on a newly incorporated company with a similar name, reporting what company searches showed about its registered office, directors and shareholdings, and recommending a short letter, without a direct allegation of infringement, setting out the client's rights and asking what the company did. The client approved the letter in 2007. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

International document destruction services group headquartered in Canada  |  Professional services  |  2007  |  England and Wales  |  Also: Passing off and brands

Keyword advertising and trade mark complaint strategy against a search advertiser

Advised an online gambling operator on how to stop a software company advertising against the operator's trade marks on a search engine. Compared a trade mark complaint to the search engine, which risked blocking the operator's own affiliates' keyword use, with approaching the advertiser directly first. [Trade Marks Act 1994, s.10 (infringement)]

Listed online gambling group  |  Online gambling  |  2007  |  England and Wales  |  Also: Advertising and marketing

Passing off and trade mark dispute over a misspelt mark and website metatags

Acted for a specialist materials company in a dispute with a large glass group and a related company over use of a confusingly similar misspelt mark, including in website metatags. Sent letters before action alleging passing off and trade mark infringement. The response denied liability and threatened groundless threats proceedings, and in 2007 the client decided not to proceed. [Trade Marks Act 1994, s.10 (infringement), ss.21-21F (unjustified threats); Passing off (common law)]

Specialist materials company  |  Engineering and manufacturing  |  2007  |  England and Wales  |  Also: Passing off and brands

Trade mark infringement and passing off claim over a stylised recycling arrows logo

Advised the UK exclusive licensee of a recycling device trade mark on a potential infringement and passing off claim against a business whose stylised name used tessellating arrows. Assessed the likelihood of confusion and prospects as no better than even, set out the options, prepared a letter before action and obtained counsel's opinion. [Trade Marks Act 1994, s.10 (infringement), ss.28-31 (licensing); Passing off (common law)]

Exclusive UK licensee of a recycling device trade mark  |  Other  |  2007 to 2008  |  England and Wales  |  Also: Passing off and brands

Trade mark infringement complaint and undertakings over a laptop product-range name

Acted for a Japanese consumer electronics group in a trade mark infringement complaint against an IT company over use of a laptop product-range mark, preparing letters before action and draft undertakings. [Trade Marks Act 1994, s.10 (infringement)]

Japanese consumer electronics group  |  Consumer goods  |  2007 to 2008  |  England and Wales

Assignment and recordal of UK trade marks between two US companies

Acted for US clients on the assignment of UK trade marks from one US company to another US limited liability company. Prepared the assignment for signature and witnessing in the US and for recordal at the UK Trade Marks Registry. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions)]

US business group  |  Other  |  2006  |  England and Wales, United States  |  Also: IP licensing and commercial IP

Trade mark clearance search for the name of a renewable energy business park

Advised on the availability of a proposed name for a business park for companies in the renewable energy sector. Commissioned a UK and EU trade mark register search, reported on the earlier marks revealed, concluded that none blocked use of the name, and noted a US business using a similar name as a low risk. [Trade Marks Act 1994, s.5 (relative grounds for refusal)]

Developer of a proposed business park for renewable energy companies  |  Property and construction  |  2006  |  England and Wales, EU

Trade mark infringement letter to a rival poker operator over a poker tour brand

Acted for an online poker operator and its poker tour on alleged infringement of the tour's trade mark by a rival poker operator. Drafted a letter to the rival, to be sent in the name of the tour rather than the operator, and took account of the tour's published trade mark use policy. [Trade Marks Act 1994, s.10 (infringement)]

International online poker operator and live poker tour  |  Poker  |  2006  |  England and Wales  |  Also: Gambling: commercial agreements

Trade mark registrability advice and confidentiality agreement for a talent contest brand

Advised a start-up online singing contest business on protecting its brand name as a UK trade mark, including clearance search, filing and registrability, and on the need for a confidentiality agreement for its commercial discussions. [Trade Marks Act 1994, s.3 (absolute grounds for refusal); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Start-up online singing contest business  |  Music and entertainment  |  2006  |  England and Wales  |  Also: Confidential information and trade secrets

Trade mark search and registration advice for an electronic voucher brand

Advised an electronic money voucher provider on the trade mark position of its brand. Searches found no UK or Community registrations for the name. Recommended applying for word mark and logo registrations, with a further check against its corporate name. [Trade Marks Act 1994, s.5 (relative grounds for refusal)]

Electronic money voucher provider regulated by the FSA  |  Financial services and trading  |  2006  |  United Kingdom, EU

Brand protection and Community trade mark filing for a new online gaming brand

Advised a start-up online gaming business on protecting its brand through copyright, trade marks and designs, on how many marks to register, and on a Community trade mark application for its name, with advice to file core marks first and add further registrations after about 12 months. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Start-up online gaming and bingo business  |  Online gambling  |  2005 to 2006  |  England and Wales, EU  |  Also: Passing off and brands

Defence of a trade mark infringement threat over a youth travel card brand

Acted for a local authority threatened with a trade mark infringement action by the owners of a similar mark, over the name of a young person travel card scheme. Advised on litigation risk and costs, and negotiated undertakings with the other side's solicitors covering rebranding, website re-routing and a phase-out date for existing cards. [Trade Marks Act 1994, s.10 (infringement)]

English local authority  |  Charity and public sector  |  2005  |  England and Wales  |  Also: Advertising and marketing

Defending UK and Community trade mark applications against oppositions by an online betting exchange

Acted for a financial brokerage group's spread betting business in defending a UK trade mark application and two Community trade mark applications against oppositions brought by an online betting exchange operator, following earlier correspondence between the parties. The oppositions were before the UKIPO and OHIM. [Trade Marks Act 1994, s.38 (opposition); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

Spread betting business within an international financial brokerage group  |  Betting and sports betting  |  2005 to 2006  |  England and Wales, EU

Trade mark and passing off dispute with an earlier user, including UKIPO oppositions

Advised a small business on a trade mark and passing off dispute with an individual claiming earlier use of a similar name, and on UKIPO oppositions with two other parties. Advised on the risk and cost of a passing off action against a commercial buy-out, and the client authorised an offer. [Trade Marks Act 1994, s.38 (opposition); Passing off (common law)]

Small business trading under a children's brand  |  Consumer goods  |  2005 to 2006  |  England and Wales  |  Also: Passing off and brands

Trade mark infringement dispute with a national stationery retailer over shop promotions

Acted for an international document destruction services group in a trade mark infringement dispute with a national stationery retailer using the client's mark in shop window promotions. Sent a letter before action, assessed the risk of an earlier use defence suggested by the retailer's trade mark agents, and prepared draft undertakings. [Trade Marks Act 1994, s.10 (infringement)]

International document destruction services group headquartered in Canada  |  Professional services  |  2005  |  England and Wales  |  Also: Passing off and brands

Domain name and trade mark dispute against a telecoms company advertising in magazines

Acted for an online gambling group in a domain name and trade mark infringement dispute with a telecoms company that had registered domain names based on its brand and advertised in magazines. Sent a letter before action, approached the magazine publishers to stop the advertisements and negotiated a settlement under which the domain names were taken over. [Trade Marks Act 1994, s.10 (infringement)]

Listed online gambling group  |  Online gambling  |  2004 to 2006  |  England and Wales  |  Also: Domain names

Enforcement against a local business trading under a document destruction brand

Acted for an international document destruction services group against a Dorset business trading as an impostor under the client's mark. Prepared letters before action, used a process server and recommended a firmer second letter seeking undertakings from the business and the individuals behind it. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

International document destruction services group headquartered in Canada  |  Professional services  |  2004 to 2005  |  England and Wales  |  Also: Passing off and brands

Co-ordinated European opinions on naming emulated products in amplifier marketing

Co-ordinated a set of short legal opinions from local counsel across several European jurisdictions for a musical amplifier manufacturer. The opinions addressed whether the client could refer by name to classic third-party amplifiers its products emulate, using a disclaimer. Prepared the English opinion as the template for the others. [Trade Marks Act 1994, s.10 (infringement), s.11 (limits on the effect of a registered mark)]

Musical amplifier manufacturer  |  Music and entertainment  |  2001  |  England and Wales, France, Germany, Austria, Belgium, Luxembourg, Netherlands  |  Also: Advertising and marketing

Assignment and recordal of UK and Community trade mark registrations to an online retailer

Advised a US online retailer on taking an assignment of UK and Community trade mark registrations and applications for its principal brand from a third party. Prepared the assignment documents and the recordal at the registries, and settled a letter and fax to the registry dealing with a confidentiality issue over the assignment terms. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

US online retailer  |  Retail and fashion  |  2000  |  England and Wales, EU  |  Also: IP licensing and commercial IP

Partial assignment and split of a Community trade mark from an earlier owner

Acted for a US internet retailer in negotiating and drafting an agreement to split a broad Community trade mark held by a third party and assign part of it to the client for an agreed specification, with fall-back undertakings for the UK, Canadian and Japanese marks. A final draft was settled in 2000. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

US internet retailer  |  Retail and fashion  |  2000  |  EU, United Kingdom, Canada, Japan

Opposition to a competing UK trade mark application in video and broadcasting classes

Acted for a US online retailer in opposing a UK trade mark application for its principal brand, filed in 1997 by a video distribution company in Classes 9, 38, 40 and 41. Work covered advice on opposition grounds, the retailer's statutory declarations and confidential evidence, searches for other users of the name, and settlement negotiations with the applicant. [Trade Marks Act 1994, s.5 (relative grounds for refusal), s.38 (opposition)]

US online retailer  |  Retail and fashion  |  1999 to 2001  |  England and Wales  |  Also: Passing off and brands

Trade mark prosecution in the UK and EU for an online retailer's brand portfolio

Acted for a US online retailer on UK and Community trade mark prosecution points, including the UK refusal of an international registration of its principal brand, a UK application for a new sub-brand and a Community trade mark application for a .co.uk version of its name. [Trade Marks Act 1994, s.3 (absolute grounds for refusal); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

US online retailer  |  Retail and fashion  |  1999 to 2001  |  England and Wales, EU

Action against a fraudulent copycat website and a lookalike company name

Advised an investment firm and its German subsidiary on a cloned trading website, apparently set up to defraud, and a UK company registered with a near-identical name. The advice covered remedies, including a letter before action and an objection to the company name to the Company Names Tribunal under the Companies Act. No registered trade mark was found. [Passing off (common law); Companies Act 2006, s.69 (company names objections)]

London investment firm with a German subsidiary  |  Financial services and trading  |  2023  |  England and Wales, Germany  |  Also: Domain names

Response to a name confusion complaint from an unrelated property group

Advised a commercial real estate agency on a complaint from an unrelated property group that the agency's use of a shared word in its trading name was confusing. Settled a reply denying any likelihood of confusion, on the basis that the word is common in the built environment and the services differ. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Commercial real estate agency and advisory business  |  Property and construction  |  2023  |  England and Wales  |  Also: Trade marks

Advice on a name dispute with a similarly named events business

Advised a small events company on a dispute with a similarly named events business in the same city. Considered unregistered trade mark rights and passing off, and prepared a draft cease and desist letter with an informal note on trade mark registration. [Passing off (common law)]

Small events company  |  Other  |  2022  |  England and Wales  |  Also: Trade marks

Options against a website imitating a memorabilia retailer's brand

Advised a sports memorabilia retailer on action against an anonymous, apparently overseas, website imitating its brand. The options were a passing off letter before action (no registered trade mark being required), a UDRP complaint to WIPO for transfer of the domain name, and a complaint to Trading Standards. [Passing off (common law); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints)]

Sports memorabilia retailer  |  Retail and fashion  |  2022  |  England and Wales  |  Also: Domain names

Evidence-gathering investigation into suspected counterfeit lens products abroad

Advised a lens manufacturer on setting up an evidence-gathering investigation into suspected counterfeit or unauthorised products, including outside the UK. The work combined test purchases with technical analysis, and proposals were obtained from two corporate investigation firms. [Trade Marks Act 1994, s.10 (infringement), s.92 (criminal offences and counterfeits)]

Lens manufacturer  |  Medical devices  |  2015  |  England and Wales  |  Also: Commercial litigation

Brand dispute and interim injunction preparation against a UK company using the client's name

Acted for a financial services group in a dispute with a UK company using the group's name and website. Sent a letter before action with proposed undertakings, prepared for urgent interim injunction proceedings (draft particulars and witness statements) and negotiated with the opponent's solicitors, with counsel instructed. Later correspondence concerned a further related party. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Financial services group with a UK subsidiary  |  Financial services and trading  |  2013 to 2014  |  England and Wales  |  Also: Trade marks, Commercial litigation

Company Names Tribunal application against a UK company adopting a client group company's name

Acted for an online gambling group in a Company Names Tribunal application against a UK company registered under the name of one of the group's operating companies. The tribunal found for the client, leading to a name change or striking off, with costs awarded. [Companies Act 2006, s.69 (company names objections)]

Listed online gambling group  |  Online gambling  |  2013  |  England and Wales

Passing off and take-down strategy against a website with a similar name

Advised a trade association for the asset based finance industry on a website run by a third party under a similar name. Considered passing off and possibly defamation, noting the absence of a registered trade mark, and prepared a cease and desist letter and a take-down letter to the UK web host. [Passing off (common law); Defamation Act 2013, s.1 (defamation and malicious falsehood)]

UK financial services trade association  |  Financial services and trading  |  2012  |  England and Wales  |  Also: Domain names, Defamation and reputation

Keyword advertising and passing off complaint by a competitor over use of its name

Advised a kitchen maker on a complaint from a competitor that its sponsored search advertising using the competitor's name amounted to passing off. Advised that the law was unsettled pending European Court of Justice keyword advertising cases, and recommended weighing the value of the keywords against the risk, conceding if the benefit was marginal. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law)]

Kitchen design and manufacturing business  |  Consumer goods  |  2009  |  England and Wales, EU  |  Also: Advertising and marketing, Trade marks

Options against a fraudulent website copying a private equity firm's executives

Advised a private equity firm on its options after photographs and biographies of its senior executives were copied onto a website of a suspected fraudulent investment fund. Advice covered takedown through the hosting provider's abuse procedure and the regulatory and intellectual property angles. [Electronic Commerce (EC Directive) Regulations 2002, regs.17-19 (intermediary liability and online information); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Private equity firm  |  Financial services and trading  |  2009  |  England and Wales  |  Also: Other

Response to copyright and passing off claim over beer advertising imagery

Advised a brewer on a claim by the producer of a beer guide that its advertising had copied distinctive stripy imagery, said to infringe copyright and amount to passing off. Prepared the response letter denying copying and arguing that the imagery was not distinctive of the claimant, relying on similar imagery in another beer publication. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Brewer  |  Food and drink  |  2009 to 2010  |  England and Wales  |  Also: Copyright, Advertising and marketing

Passing off claims against two companies using names similar to a brand group

Advised a consumer brand group on passing off claims against two companies using similar names, including company searches, a decision not to join a related company as co-defendant at that stage, and draft pleadings sent to one company. The client wanted maximum pressure short of court proceedings. [Passing off (common law)]

UK consumer brand group with airline, car rental and other businesses  |  Travel and leisure  |  2002  |  England and Wales  |  Also: Commercial litigation

Settlement of a name dispute with a car rental company and follow-on opposition

Acted for a brand group's car rental business in a dispute with a rival car rental company over its use of names associated with the group's brand, concluding in a settlement agreement. The client then considered a trade mark opposition to the rival's later application for a slogan similar to the group's own slogan. [Trade Marks Act 1994, s.38 (opposition); Passing off (common law)]

UK consumer brand group with a car rental business  |  Travel and leisure  |  2001  |  United Kingdom  |  Also: Trade marks

Litigation by a trade association over misuse of its name and logo on a rival website

Acted for a trade association in English court proceedings against a company that used the association's name and logo on its website, including in search-engine meta tags and member listings. Pleadings included particulars of claim and a reply and defence to counterclaim. The work covered the case management conference, witness statements and an open settlement offer before trial. [Passing off (common law)]

Public record: British Promotional Merchandise Association v Tarsus Martex plc, High Court, Chancery Division, issued 2001.

UK trade association for the promotional merchandise industry  |  Other  |  2000 to 2002  |  England and Wales  |  Also: Commercial litigation

Settlement negotiations with a commercial vehicle hire business over a similar name

Advised a consumer brand group on negotiating a settlement with an existing commercial vehicle hire business using a similar name, including the handover of domain names in return for dropping costs, and whether to restrict the other party by geography or by field of business. Negotiated with the other party. [Passing off (common law)]

UK consumer brand group with airline, car rental and other businesses  |  Travel and leisure  |  2000 to 2002  |  England and Wales  |  Also: Trade marks, Domain names

Resisting a threatened injunction over a free internet access brand

Acted for an internet service provider launching a free-access brand against a domain name registration company that had threatened proceedings over the brand. Gathered evidence about the other party, including its corporate and credit position and press comments, and worked on witness statements for opposing a threatened injunction.

Internet service provider launching a free-access brand  |  Telecoms  |  1999  |  England and Wales  |  Also: Domain names

Stripped-down template letter before action for a games publisher's anti-piracy work

Drafted a shortened template letter before action, in the form of a cease and desist with a generalised undertaking, for a videogame publisher to use against further infringers. Advised on the risks of stripping detail out, including groundless threats, pre-action protocols and the evidence needed for a later domain name complaint. [Trade Marks Act 1994, s.10 (infringement), ss.21-21F (unjustified threats); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK videogame publisher  |  Video games and esports  |  2026  |  England and Wales  |  Also: Trade marks

Advice on an image licensing agency's copyright claim over website photographs

Advised a hotel operator that had received a claim from an image enforcement agency, acting for a newspaper picture library, for unlicensed use of archive photographs on its website since about 2014, and gave initial views on who the claimants were, the legitimacy and reputation of their approach and how to respond. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), s.20 (communication to the public)]

Hotel operator  |  Travel and leisure  |  2025  |  England and Wales

Online piracy and clone of a successful videogame: letters before action and takedowns

Acted for the publisher of a successful videogame against the operators of websites offering a pirated and modified copy under the game's name. Traced the operators, sent letters before action alleging copyright and trade mark infringement, handled DMCA takedown correspondence and prepared undertakings for signature, with the developer's written consent. [Trade Marks Act 1994, s.10 (infringement); Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.16-18 (infringement by copying and issuing copies)]

UK videogame publisher  |  Video games and esports  |  2025 to 2026  |  England and Wales, United States  |  Also: Trade marks, IT and software

Copyright advice on linking to and framing third-party content

Advised a national newspaper publisher on whether linking to or framing third-party content on a website infringes copyright, applying the CJEU decision in VG Bild-Kunst and the Court of Appeal decision in the TuneIn case on communication to the public, and sent the supporting authorities to the publisher's legal team. [Copyright, Designs and Patents Act 1988, s.20 (communication to the public)]

National newspaper publisher  |  Publishing  |  2024  |  England and Wales, EU  |  Also: Advertising and marketing

Defending a freelance photographer's copyright claim over a licensed advertising photograph

Defended a restaurant group against a claim, brought by a freelance photographer's agent, that its use of a photograph in an advertising campaign exceeded the scope of a licence. Advised on the construction of the licence wording and the licence fee paid. The client's response rejected the claim and declined further correspondence in 2023. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), ss.90-92 (assignment and licences)]

Restaurant group  |  Food and drink  |  2023  |  England and Wales  |  Also: IP licensing and commercial IP

Dispute over rights in a true-crime podcast and television project concept

Advised a production company in a dispute with the producer originally engaged on a podcast project, over rights in the project concept and the underlying historical material. Sent a letter in 2023 whose factual background stressed public-domain elements and the lack of commercial interest in the producer's version. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.16-18 (infringement by copying and issuing copies)]

Independent audio and television production company  |  Media and broadcasting  |  2023  |  England and Wales  |  Also: Media, broadcasting and entertainment

Advice on potential claim over copied product packaging insert text against a German company

Advised a UK consumer products brand on a potential intellectual property claim against a German company whose product insert leaflet and packaging appeared to copy the client's. Reviewed the two leaflets side by side, looked for further copied text to support a claim, and gave an initial view that a claim was possible but not easy. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK consumer products brand  |  Consumer goods  |  2022  |  England and Wales  |  Also: Passing off and brands

Copyright and rights advice on a podcast and television development project

Advised a production company on a copyright and rights problem in a podcast project developed with an outside producer, after reviewing the agreements and documents. Wrote an advice memorandum in 2022. Related work covered a proposed television option term sheet from a production company and review of the client's talent and licensing contracts. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.90-92 (assignment and licences)]

Independent audio and television production company  |  Media and broadcasting  |  2022 to 2023  |  England and Wales  |  Also: Media, broadcasting and entertainment, IP licensing and commercial IP

Defence of a photograph copyright claim against a software group

Defended a software group and its UK subsidiary against a letter of claim alleging copyright infringement through use of a photograph on its blog. Identified a defence of licence, based on the free-licence source of the image, and sent a response letter to the claimant in 2022. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), ss.90-92 (assignment and licences)]

International enterprise software group (process management and improvement)  |  Technology and software  |  2022  |  England and Wales

Copyright, design right and contract dispute with a foundry over cast kettlebells

Acted for a UK company selling a branded range of kettlebells in a dispute with its former foundry over breach of contract and copyright and design right infringement. Obtained a deed of assignment from the designer of the patterns, corresponded with the foundry's solicitors, prepared a draft Part 36 letter and negotiated a settlement agreement in 2021. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), ss.90-92 (assignment and licences), s.213 (unregistered design right), ss.226-229 (infringement of design right)]

UK company selling a branded range of kettlebells  |  Consumer goods  |  2021  |  England and Wales  |  Also: Designs, Commercial litigation

Advice to an international nutrition company on a copyright infringement allegation

Advised the in-house legal team of an international nutrition products company on an allegation of copyright infringement, giving an informal view that a claim against the company, whether for infringement or defamation, was unlikely pending sight of its contract with the individuals involved, and that the claim would be difficult for the claimant to prove. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Defamation Act 2013, s.1 (defamation and malicious falsehood)]

International nutrition products company  |  Consumer goods  |  2018  |  England and Wales  |  Also: Defamation and reputation

Copyright, unregistered design right and misrepresentation dispute over copied street furniture

Acted for a Dutch street and park furniture business against a competitor said to be copying its product range and falsely presenting its products as the competitor's own. Sent a letter before action in 2018, advised on the copyright and unregistered design right claims and corresponded with the opponent's solicitors, including on a Part 36 offer and undertakings. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), s.213 (unregistered design right), ss.226-229 (infringement of design right)]

Dutch street and park furniture business  |  Other  |  2018  |  England and Wales  |  Also: Designs, Passing off and brands

Defence of a plagiarism allegation made by an artist over a public installation

Acted for a company responsible for a public light installation, which was accused by another artist of plagiarising her work. Prepared a briefing document and letters to the artist and her solicitors, using the installation artist's own account of events. The exchange concerned copying and public statements, and was seen as closer to defamation than intellectual property. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Defamation Act 2013, s.1 (defamation and malicious falsehood)]

Company responsible for a public floating-light art installation  |  Other  |  2018  |  England and Wales  |  Also: Defamation and reputation

English law advice on database right and licensing of football fixture data

Advised a listed online gambling group, through its Israeli counsel, on English law issues arising from the licensing of football fixture data by the rights holder, including database right. [Copyright and Rights in Databases Regulations 1997, regs.13-16 (database right)]

Listed online gambling group  |  Online gambling  |  2017 to 2018  |  England and Wales  |  Also: IP licensing and commercial IP

Database right infringement claim over use of third party property data

Advised a commercial property data and analytics provider on a potential claim for infringement of database right against another data business that had admitted using data taken from a third party database. Advised on what would need to be proved, the remedies available and the usual first step of a letter before action. [Copyright and Rights in Databases Regulations 1997, regs.13-16 (database right)]

International commercial property data and analytics provider  |  Property and construction  |  2015 to 2016  |  England and Wales, EU  |  Also: Commercial litigation

Dispute over copyright in design files created by a design contractor

Advised an orthopaedic medical devices company in a dispute with a design contractor over ownership of copyright in design materials. Reviewed the client's draft reply to the contractor's solicitors and advised on equitable ownership, an implied licence argument, the contractor's fee demand and a trade mark infringement point. [Trade Marks Act 1994, s.10 (infringement); Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.90-92 (assignment and licences)]

Orthopaedic medical devices group within a US healthcare conglomerate  |  Medical devices  |  2014  |  England and Wales  |  Also: IP licensing and commercial IP

Defence of a threatened copyright claim over a wearable display product

Advised a company that had commissioned a wearable display product from one supplier, and later had a similar product developed by another, on a threatened intellectual property claim by the first supplier. Advised that a copyright claim looked weak (no clearly identifiable work, no copying of a substantial part, independent creation) and drafted a response. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Company that had commissioned a wearable display product from a supplier  |  Technology and software  |  2013  |  England and Wales  |  Also: Commercial contracts

Response to a copyright infringement claim over a knitwear design

Advised a fashion retail group on a copyright infringement claim by a major high street retailer over a jumper sold under one of its brands. Reviewed the supplier's explanation and drafted the group's response letters in 2013, within a short deadline. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK fashion retail group with several brands  |  Retail and fashion  |  2013  |  England and Wales  |  Also: Designs

Book translation agreement for an author

Acted for a private individual author on a book translation agreement with her translator. Reviewed the translator's draft, which served as a term sheet, and settled the agreement with proper boilerplate and protections. [Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences)]

Private individual (author resident in France)  |  Publishing  |  2012  |  England and Wales  |  Also: IP licensing and commercial IP, Commercial contracts

Defending a newspaper against a record label's infringement allegation over a promotional CD

Defended a national newspaper publisher against an allegation by a record label, made through its solicitors, that a promotional CD giveaway infringed the label's exclusive rights in an artist's recordings. Advised on copyright risk and settled responses to the label's solicitors in 2011. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

National newspaper publisher  |  Publishing  |  2011  |  England and Wales  |  Also: Commercial litigation

Supplier's threat to cut off a book retailer over sales to non-EU customers

Advised an online book retailer facing a threat from a major educational publisher to cease supply unless it stopped selling through its website to customers in several non-EU countries. Considered EU and UK competition law and copyright exhaustion arguments, concluded that they were weak, and drafted a response letter to the publisher. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Online book retailer  |  Retail and fashion  |  2011  |  England and Wales, EU  |  Also: Commercial contracts, Other

Copyright infringement assessment of greetings cards and in-store displays

Advised a greetings card publisher on whether a rival card company had infringed its copyright in a set of cards and in-store displays. Advised that there were insufficient grounds for a claim, because the similarities lay in ideas, concepts and generic styles and not in the expression of them, which is what copyright protects. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Greetings card publisher  |  Publishing  |  2010  |  England and Wales

Advice on fresh copyright concerns after settlement of earlier card copying proceedings

Advised a greetings card publisher on whether new cards sold by a rival card company infringed its copyright. Reviewed the settlement of earlier proceedings, which restrained copying of nine cards but contained no general undertaking, and considered whether new claims or a reopening of the old proceedings were possible. Prepared a note on design right. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), s.213 (unregistered design right)]

Greetings card publisher  |  Publishing  |  2009  |  England and Wales  |  Also: Designs

Advice on rental and lending right for a book rental business model

Advised on whether a business model involving renting books would infringe the rental and lending right under s.18A of the Copyright, Designs and Patents Act 1988. Considered the library and education exceptions and whether a sale and buy-back structure could fall outside rental, concluding initially that neither would assist. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), ss.28-31 (fair dealing and permitted acts)]

Business planning to rent books  |  Other  |  2009  |  England and Wales

Copyright and intellectual property dispute over an architectural masterplan competition

Advised an architecture practice on its copyright and intellectual property position against an industrial group that had run a masterplan competition. Reviewed the appointment correspondence, advised on the options and legal remedies, and drafted wording for a letter to the group. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.16-18 (infringement by copying and issuing copies)]

London architecture practice  |  Property and construction  |  2009 to 2010  |  England and Wales  |  Also: IP licensing and commercial IP

Copyright and passing off advice on suspected copying of an art deco card range

Advised a greetings card publisher on whether a rival supplier's range had copied images from its art deco range, comparing the images with the rival's and its stockists' websites. Identified two, possibly three, images with a reasonably good prospect of a copyright infringement claim, and a possible passing off claim. The client chose to send its own warning letter. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Greetings card publisher  |  Publishing  |  2009  |  England and Wales  |  Also: Passing off and brands

Copyright infringement claim over a remix released by a UK record label

Advised a US music company that owned master rights in a recording on a possible copyright claim in England against a record label that had released a remix. Advised on title and subsistence of copyright and on proving infringement, and on a letter before claim seeking recompense. [Copyright, Designs and Patents Act 1988, ss.1-4 (subsistence of copyright), ss.9-11 (authorship and ownership), ss.16-18 (infringement by copying and issuing copies)]

US music company owning master recording rights  |  Music and entertainment  |  2009  |  England and Wales  |  Also: Media, broadcasting and entertainment

Advice on whether a business needed a photocopying licence from a copyright licensing body

Advised a UK business on whether it needed a licence from a copyright licensing body after an approach asking it to complete a licensing form, given limited photocopying by a small number of staff. Considered the response, including a proposed draft for the client's letterhead with firm and conciliatory options. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK business with several hundred employees  |  Other  |  2008  |  England and Wales  |  Also: IP licensing and commercial IP

Copyright and passing off risk assessment of a card design resembling a 1960s personality

Advised a greetings card publisher on the copyright and passing off risk of a card design that resembled a famous 1960s personality. Advised that the risk was at the low end of the spectrum and probably commercially acceptable, provided the artwork did not copy a substantial part of any existing image. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Greetings card publisher  |  Publishing  |  2008  |  England and Wales  |  Also: Passing off and brands

Copyright and registered design complaint over a competition-winning public sculpture

Advised an architecture and design practice on a complaint by a sculptor who claimed a conceptual link between a 12 metre sculpture in its winning public realm design and his own sculpture, which is protected by a UK registered design, including whether the two works were sufficiently different. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Registered Designs Act 1949, ss.7-7A (infringement of a registered design)]

London architecture and design practice  |  Professional services  |  2008  |  England and Wales  |  Also: Designs

Copyright and trade mark infringement claim over misuse of a client document

Advised a UK producer of aggregates and construction materials on a third party's apparent use of the client's document, which amounted to copyright and trade mark infringement. Advised on remedies, costs risk and proportionality, and prepared a letter before action with draft undertakings, aimed at obtaining the undertakings and compensation. [Trade Marks Act 1994, s.10 (infringement); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK producer of aggregates and construction materials  |  Property and construction  |  2008  |  England and Wales  |  Also: Trade marks

Defence of an IP infringement claim involving a domain name against a company in liquidation

Advised the liquidator of an insolvent company on a claim by an overseas company for copyright and trade mark infringement, including the setting up of a domain name. Reviewed the claim and the directors' position, gave a written note of advice and supported settlement strategy, including the value of the domain name. [Trade Marks Act 1994, s.10 (infringement); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Insolvency Act 1986 (insolvency)]

Insolvency practitioners acting as liquidator of an insolvent company  |  Professional services  |  2008  |  England and Wales  |  Also: Trade marks, Domain names

Copyright claim over copied competition terms and conditions used by a media publisher

Advised a promotions operator on a claim against a media publisher that used the client's prize competition terms and conditions for its own reverse auction promotion. Covered copyright infringement, the likely measure of damages (a notional licence fee rather than a share of sales) and the letters to be sent to the infringer. [Copyright, Designs and Patents Act 1988, ss.1-4 (subsistence of copyright), ss.16-18 (infringement by copying and issuing copies)]

Operator of premium-rate interactive prize games promoted through the media  |  Other  |  2007  |  England and Wales  |  Also: Lotteries and prize competitions

Copyright infringement and passing off claim over Christmas card designs, settled

Acted for a greetings card publisher in a claim for copyright infringement and passing off against a rival card company over Christmas card designs. Work ran from the initial merits review, letter before action and pleadings through a court-set timetable and a Part 36 offer to a settlement agreement restraining the defendant from infringing in nine cards. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Public record: Watermark Publishing Ltd v Sportswift Ltd (trading as Card Factory), High Court, Chancery Division, Claim No. HC08C00489. Stayed by Tomlin order in 2008.

Greetings card publisher  |  Publishing  |  2007 to 2009  |  England and Wales  |  Also: Passing off and brands, Commercial litigation

Defence of a copyright infringement allegation over promotional mailing materials

Defended a publisher against a rival publisher's allegation that test promotional mailings infringed its copyright, with an interim injunction threatened. Obtained an extension of time, gave interim assurances, investigated the allegations, and negotiated undertakings and a contribution to the other side's costs in a commercial settlement. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Publisher  |  Publishing  |  2007  |  England and Wales  |  Also: Commercial litigation

Response to an alleged copyright infringement claim against an insurance intermediary

Advised a UK insurance intermediary on an allegation of copyright infringement made against it in a letter from solicitors acting for another party, and drafted the letter in reply, settled with the client and sent in 2007. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

UK insurance intermediary  |  Financial services and trading  |  2007  |  England and Wales

Suspected copying of a betting website by a competitor founded by former staff

Advised a financial betting operator on options against a competing website set up by former staff that appeared to copy its interface and disclaimers, including a copyright letter, an Anton Piller order, confidential information and restrictive covenants. After comparing the sites, advised that the material was insufficient for a copyright or passing off claim and recommended monitoring. [Passing off (common law); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Financial betting operator within an international financial brokerage group  |  Financial services and trading  |  2007  |  England and Wales  |  Also: Confidential information and trade secrets, Passing off and brands

Suspected copying of contract terms by a competitor and a first letter to the competitor

Advised a financial brokerage group on whether a competitor had copied its client notice, declaration and terms for a contracts for difference business, identifying textual similarities and the need to prove subsistence, ownership and copying of a substantial part. Drafted a first letter asking the competitor for its agreements. [Copyright, Designs and Patents Act 1988, ss.1-4 (subsistence of copyright), ss.9-11 (authorship and ownership), ss.16-18 (infringement by copying and issuing copies)]

Contracts for difference business within an international financial brokerage group  |  Financial services and trading  |  2007  |  England and Wales  |  Also: Commercial contracts

Database right infringement by a rival website copying poker tournament results

Advised a poker information website operator on infringement of its tournament results database by another website that had copied its data, including deliberately planted false entries. Drafted a letter demanding undertakings, relying on database right, and advised on terms and conditions for the client's own website. [Copyright and Rights in Databases Regulations 1997, regs.13-16 (database right)]

Poker information website and brand operator  |  Poker  |  2006  |  England and Wales  |  Also: IT and software

Dispute with a landscape consultant over intellectual property in a green wall design

Advised an architecture practice in a dispute with a landscape consultant over ownership of a vertical green wall design, raising possible patent and copyright rights, and over the practice's reputation and attribution. Reviewed documents, settled correspondence to the consultant, and advised on seeking an apology to limit loss. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership); Patents Act 1977, ss.7, 8 and 37 (entitlement and ownership)]

London architecture practice  |  Property and construction  |  2006  |  England and Wales  |  Also: Patents, Other

High Court action against a software licensee for licence breach and copyright infringement

Acted for a gaming software business within a financial brokerage group, as claimant in a High Court action against its licensee for breach of a software licence and copyright infringement. It succeeded in full at trial in 2007, obtaining an injunction, delivery up and an inquiry into damages or account of profits. Costs and damages followed in 2008. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.16-18 (infringement by copying and issuing copies), ss.96-100 (remedies for infringement)]

Public record: Cantor Gaming Ltd v Gameaccount Global Ltd [2007] EWHC 1914 (Ch), Daniel Alexander QC sitting as a deputy High Court judge, 31 July 2007. Also reported at [2008] FSR 4.

Gaming software and online casino business within an international financial brokerage group  |  Online gambling  |  2005 to 2008  |  England and Wales  |  Also: IT and software, Commercial litigation

VAT advice on a sum received in settlement of a copyright claim

Advised a software company on the VAT treatment of a sum it received under a settlement agreement ending a joint copyright infringement claim, after its accountants warned that HMRC might look behind the payment and treat it as consideration for a licence. Provided letters of advice intended to protect the client if the point were raised.

Software and technology company  |  Technology and software  |  2005 to 2006  |  England and Wales  |  Also: Other

Database right enforcement against sites republishing live race timing data

Acted for the commercial rights holder of a motor racing championship in a campaign against websites and data suppliers republishing its live timing data without licence. Advised on database right, including the ECJ decisions on creating and obtaining data, sent letters before action and obtained undertakings from several infringers, with enforcement across France, Germany, Spain and the UK. [Copyright and Rights in Databases Regulations 1997, regs.13-16 (database right)]

Commercial rights holder of an international motor racing championship  |  Sport  |  2004 to 2007  |  England and Wales, France, Germany, Spain  |  Also: Trade marks

Website software ownership and licence dispute with a customer

Advised a web development company on a dispute with a customer and a third party over ownership of, and the licence to use, website software and search functionality it had built. Analysed copyright title, the width of the customer's licence and ostensible authority for the deal, and settled the terms of a proposed resolution. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.9-11 (authorship and ownership), ss.90-92 (assignment and licences)]

Web development company  |  Technology and software  |  2003  |  England and Wales  |  Also: IP licensing and commercial IP

Database right advice on use of a racing data feed

Advised a spread betting business on whether using a racing governing body's data feed would infringe database right, and whether reg.19 of the Copyright and Rights in Databases Regulations 1997 gave a defence. The advice was that it did not and that the argument was too weak to affect the negotiating position on data terms. [Copyright and Rights in Databases Regulations 1997, regs.13-16 (database right)]

Financial services group with a spread betting business  |  Betting and sports betting  |  2002  |  England and Wales  |  Also: Betting, spread betting and financial trading, IP licensing and commercial IP

High Court claim against a publishing company over maps, with Part 36 settlement strategy

Acted for a publisher of football guides in High Court proceedings against a publishing company concerning maps, preparing the pleadings and advising on damages and settlement strategy, including Part 36 offers and the costs consequences of offers at different levels. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Publisher of football guides and related publications  |  Publishing  |  2002 to 2003  |  England and Wales  |  Also: Commercial litigation

Software source code copying claim against a competing broker

Acted for a financial brokerage group as claimant in English proceedings alleging that a competing broker had copied its trading software code. Conducted the expert source-code analysis, expert reports, case theory documents and US disclosure, and attended the Court of Appeal stage. Liability was later settled. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.16-18 (infringement by copying and issuing copies)]

Public record: Cantor Fitzgerald International v Tradition (UK) Ltd [2000] RPC 95.

Inter-dealer broking and financial services group  |  Financial services and trading  |  1998 to 1999  |  England and Wales, United States  |  Also: IT and software, Commercial litigation

Advice to liquidators on ownership of jointly owned patents

Advised liquidators of a company in creditors' voluntary liquidation on ownership of its patents, including which were foreground or background, who owned what in what proportions, and whether parties could contract out of the normal rules on joint ownership. [Patents Act 1977, ss.7, 8 and 37 (entitlement and ownership); Insolvency Act 1986 (insolvency)]

Insolvency practitioners acting as liquidators of a company  |  Professional services  |  2021 to 2023  |  England and Wales  |  Also: IP licensing and commercial IP

Defence of patent and trade mark infringement claims over a hairbrush product

Defended a consumer products company against claims of patent and trade mark infringement made through solicitors by a competing hairbrush brand owner. Negotiated and drafted a settlement agreement providing that the client would pay no damages or costs and would have a period to sell off existing stock. [Trade Marks Act 1994, s.10 (infringement); Patents Act 1977, s.60 (infringement)]

UK consumer products company  |  Consumer goods  |  2017 to 2018  |  England and Wales  |  Also: Trade marks, Commercial litigation

Patent infringement dispute with a UK seller of an imported juicer

Acted for an Australian small kitchen appliance group in a patent infringement dispute with a UK seller of an imported juicer. Advised in writing on infringement of the patent's claims, drafted a letter before action alleging importation and sale, and later dealt with the opponent's solicitor on the undertakings given. [Patents Act 1977, s.60 (infringement)]

Australian small kitchen appliance group  |  Consumer goods  |  2014 to 2015  |  England and Wales  |  Also: Commercial litigation

Patent infringement opinion and negotiation strategy over a milk frothing device

Advised an Australian small kitchen appliance group on whether its milk frothing device infringed a European patent (UK) held by a leading coffee machine manufacturer that was in correspondence with the client about a licence. Obtained the technical opinion from specialist patent advisers and advised on using it to seek a licence or a declaration of non-infringement. [Patents Act 1977, s.60 (infringement), s.71 (declaration of non-infringement)]

Australian small kitchen appliance group  |  Consumer goods  |  2014  |  England and Wales  |  Also: IP licensing and commercial IP

Potential patent and copyright dispute over a lecithin treatment for psoriasis

Advised a French pharmaceutical company and its Swiss licensee on a potential dispute over alleged infringement of a European patent for the use of lecithin in treating psoriasis, and associated copyright complaints, against a seller of food supplements, including a draft letter of claim.

French pharmaceutical company and its Swiss licensee  |  Pharmaceuticals and healthcare  |  2014  |  Europe (European patent application; forum not shown)  |  Also: Copyright

Advice on a threatened UK patent infringement claim over imported airport barriers

Advised an international airline on a threatened UK patent infringement claim by a patent holder over barriers bought from an overseas supplier and used at a UK airport. Advised on non-infringement, a challenge to validity and settlement by undertaking. [Patents Act 1977, s.60 (infringement), s.72 (revocation)]

International airline  |  Automotive and transport  |  2013  |  England and Wales

European patent enforcement, unfair competition law and injunctions for a Japanese client

Advised a Japanese corporate group on how European patents are granted and enforced across EU member states and on EU unfair competition law and injunctions. Gave a written overview, including on the German position.

Corporate group based in Japan  |  Other  |  2012  |  EU, Germany, England and Wales  |  Also: Commercial litigation

Mapping third-party patent applications covering fast-fold poker in Europe and the US

Advised an online gambling group on third-party patent applications covering a fast-fold poker format, mapping the European and US filings and their prosecution status. The European Patent Office had indicated that two European applications would be refused for lack of inventive step, with oral proceedings listed for 2013 on one of them.

Listed online gambling group  |  Online gambling  |  2012 to 2013  |  Europe (EPO), United States

Special patent counsel on ownership and sale of a bankrupt company's IP

Acted as special patent counsel to the trustee in bankruptcy of a waste-to-energy technology company, reporting on ownership and chain of title of its patent portfolio, patent status country by country, and whether the IP could be sold under s.363 of the US Bankruptcy Code. Prepared a memorandum and an affidavit.

Bankruptcy trustee in the US of a waste-to-energy technology company  |  Energy, oil and gas  |  2012  |  United States, Isle of Man  |  Also: Corporate, M&A and due diligence

Advice on UK patent infringement proceedings over a biometric venue access system

Advised an Australian technology company that owned UK and Australian patents for a biometric identity and access-control system for hospitality venues, on the prospects of patent infringement proceedings in England against a competing product. Prepared a note on the claims and UK patent litigation procedure, including ways of obtaining evidence of infringement. [Patents Act 1977, s.60 (infringement)]

Australian technology company owning patents for a biometric venue-entry system  |  Technology and software  |  2011 to 2013  |  England and Wales, Australia  |  Also: IT and software

Advice on a competitor's pending UK patent application for a gearbox design

Advised a motor racing team on a competitor's pending UK patent application for a gearbox dog ring and hub system which resembled the team's own earlier design. Set out the options of third party observations at the UKIPO, a UKIPO opinion and revocation, and explained infringement and invalidity. [Patents Act 1977, ss.1-3 (patentability, novelty and inventive step), s.60 (infringement), s.72 (revocation)]

Motor racing team  |  Sport  |  2011  |  England and Wales

Defending a French patent infringement allegation against a mobile app developer

Advised a small mobile app developer facing an allegation that its app infringed a French patent. Took the initial view that the allegation could be met by a reasoned response, to be particularised after reviewing the patent.

Small mobile app developer  |  Technology and software  |  2010  |  France, England and Wales  |  Also: IT and software

General power of attorney enabling a patent attorney firm to sign forms for corporate clients

Advised a firm of patent attorneys on a general power of attorney allowing it to sign patent office forms on behalf of its corporate clients, including whether a UK company and related Swedish group companies could validly delegate authority. The advice was limited to the UK position.

Firm of patent attorneys in the UK  |  Professional services  |  2009  |  England and Wales, Sweden  |  Also: Commercial contracts

Initial advice on patent filing and confidentiality for mobile gaming technology

Advised an individual on protecting a mobile gaming hub technology, including the information needed, the comparative cost of prior art searches and of filing directly, and the use of a non-disclosure agreement before approaching a manufacturer. [Patents Act 1977, ss.1-3 (patentability, novelty and inventive step); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Individual with a mobile gaming technology  |  Technology and software  |  2008  |  England and Wales, EU  |  Also: Confidential information and trade secrets

Advice on patent assertion letters from a US patent licensing company

Advised a software company that received letters asserting US patents and implying a demand for payment, and helped it identify US patent counsel, with whom a validity review and a prior use defence were discussed.

Software company  |  Technology and software  |  2006  |  England and Wales, United States  |  Also: IT and software

Assignment creating joint ownership of a European patent application

Drafted an assignment for a firm of patent attorneys acting for a Korean company, converting sole ownership of a European patent application into joint ownership with the inventor. Chose English governing law, set out the default co-ownership rules under the Patents Act 1977 and provided for trusts where local law required a different result. [Patents Act 1977, ss.30-33 (assignment, licences and registration)]

Firm of patent attorneys in the UK acting for a Korean company  |  Professional services  |  2006  |  England and Wales, EU  |  Also: IP licensing and commercial IP

Advice on the status and prospects of patent applications for a game mechanic

Advised a promotions operator on its patent position for a game mechanic. The UK application had been abandoned, and the international application had not been examined because the European Patent Office could not identify a technical problem solved. Options included US examination. [Patents Act 1977, ss.1-3 (patentability, novelty and inventive step)]

Operator of premium-rate interactive prize games promoted through the media  |  Other  |  2005  |  England and Wales, EU, United States

Response to a US software patent infringement claim against a software developer

Advised a UK software company on a claim by a US software company that its data-discovery product infringed a US patent. Prepared a response letter to the claimant's legal adviser contending that the patent was invalid and not infringed, and warning that the client would apply to invalidate the patent if the claim was pursued.

UK software company  |  Technology and software  |  2005  |  United States  |  Also: IT and software

Defence of a distributor in a patent infringement action over semiconductor modules

Acted for a UK electronic components distributor named as one of several defendants in a patent infringement action concerning products sourced from its supplier. Negotiated an extension of time for the defence, prepared draft pleadings including a counterclaim, and agreed with the supplier's solicitors an indemnity and buy-back arrangement, including payment of the client's fees. [Patents Act 1977, s.60 (infringement), s.72 (revocation)]

Public record: IXYS Semiconductor GmbH v International Rectifier Corporation and others, Patents County Court, Claim No. PAT01023. The client, RS Components Ltd, was the second defendant.

UK public company distributing electronic components  |  Engineering and manufacturing  |  2002  |  England and Wales  |  Also: Commercial litigation

Patent infringement action over two patents, with amendment application and settlement talks

Acted for a patent owner in English patent infringement proceedings over two patents, including re-amended particulars, an application to amend one patent under s.75 of the Patents Act 1977, notices to admit facts, expert evidence on infringement and validity, and settlement negotiations running alongside parallel proceedings in Germany. [Patents Act 1977, s.60 (infringement), s.72 (revocation), s.75 (amendment in proceedings)]

Owner of patents in the label field  |  Engineering and manufacturing  |  2001  |  England and Wales  |  Also: Commercial litigation

Proposed UK patent revocation action running parallel to Dutch patent proceedings

Advised a networking technology company, through Dutch counsel, on proposed UK patent proceedings against the owner of a patent that was in parallel Dutch infringement and invalidity proceedings between the parties. Prepared a formal advice letter, draft claim, draft particulars of objection and timetable, and addressed seeking a declaration of non-infringement alongside invalidity. [Patents Act 1977, s.71 (declaration of non-infringement), s.72 (revocation)]

International networking technology company  |  Technology and software  |  2001  |  England and Wales, Netherlands  |  Also: Commercial litigation

Patent portfolio advice and court application papers for provisional liquidators

Advised the provisional liquidators of an energy consultancy company on its worldwide patent portfolio, its only asset of apparent value. Prepared a report to the liquidators on the patents and related transactions, and drafted court application papers (application, witness statement, draft order and skeleton argument), consulting leading counsel. [Patents Act 1977, ss.30-33 (assignment, licences and registration); Insolvency Act 1986 (insolvency)]

Insolvency practitioners acting as provisional liquidators of an energy consultancy company  |  Professional services  |  2000  |  England and Wales  |  Also: Commercial litigation, IP licensing and commercial IP

Patent validity litigation over offshore pipe-laying technology in the English courts

Acted for a French offshore engineering group, the owner of a patent for flexible pipe-laying technology, in English patent litigation with an offshore contractor, alongside related proceedings with another contractor. Instructed counsel, prepared witness and expert evidence on validity and the state of the art, and advised on whether to counterclaim for infringement. [Patents Act 1977, s.60 (infringement), s.72 (revocation)]

Public record: Rockwater Ltd v Coflexip SA [2003] EWHC 812 (Ch), Laddie J, 15 April 2003 (Claim No. HC 02 C 00440). On appeal: Rockwater Ltd v Technip France SA [2004] EWCA Civ 381. The appeal is also reported at [2004] RPC 46.

French offshore engineering group and patent owner  |  Energy, oil and gas  |  2000 to 2003  |  England and Wales

Patent protection for a counterparty credit display feature on a trading platform

Advised a financial brokerage group on whether a credit status display feature on its electronic trading platform could be protected by patent, trade mark, copyright or confidentiality. Concluded protection was weak, that the exclusions for business methods and computer programs gave a slim chance, and that public disclosure would destroy novelty. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works); Patents Act 1977, ss.1-3 (patentability, novelty and inventive step); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Inter-dealer broking and financial services group  |  Financial services and trading  |  1999  |  England and Wales  |  Also: IT and software

Cease and desist letter to a US retailer over alleged infringement of prints and designs

Acted for a UK fashion and homewares brand owner in a cease and desist exercise against a US-based retailer over products said to infringe its prints and designs, with a letter sent in 2013. Considered registered design and design right positions, the retailer's response and undertakings, and advised that the objectives had largely been achieved. [Copyright, Designs and Patents Act 1988, ss.226-229 (infringement of design right); Registered Designs Act 1949, ss.7-7A (infringement of a registered design)]

UK fashion and homewares brand owner  |  Retail and fashion  |  2013 to 2014  |  England and Wales, United States  |  Also: Trade marks

Registered design and patent enforcement against UK sellers of imitation juicers

Acted for an Australian small kitchen appliance group and its UK trading company in enforcing registered design and patent rights against UK sellers of imitation juicers. Drafted letters before action with annexed undertakings, pursued importers and retailers for import and sales information, and obtained signed undertakings from several of them. [Registered Designs Act 1949, ss.7-7A (infringement of a registered design); Patents Act 1977, s.60 (infringement)]

Australian small kitchen appliance group and its UK trading company  |  Consumer goods  |  2013 to 2016  |  England and Wales  |  Also: Patents, Commercial litigation

Confidentiality and non-compete agreement with a designer, and design protection advice

Advised a retail and fashion group on the confidentiality and intellectual property clauses of a confidentiality and non-compete agreement with a designer. Marked up the draft and prepared covering advice on protecting the designer's work through Community registered designs. [Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Retail and fashion group  |  Retail and fashion  |  2012  |  England and Wales, EU  |  Also: Confidential information and trade secrets, Commercial contracts

Registered design protection for football prediction website graphics

Advised an online football prediction publisher on protecting the graphical elements of its website, noting that nothing was registered for one graphic and that registration must be sought within twelve months of first marketing, and considered how to protect animated elements. Advised that a design registration would support a wider attack on a competitor. [Registered Designs Act 1949, s.1B (novelty and individual character); Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

Online football prediction and betting tips publisher  |  Betting and sports betting  |  2012  |  EU, England and Wales  |  Also: Passing off and brands

Opinion on possible infringement dispute over a clutch handbag design

Advised a fashion retailer on a possible infringement dispute concerning a clutch handbag. Prepared a written opinion in 2011 comparing the client's bag with a clutch bag by another designer, as part of general contentious work for the client on brand and product protection. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Fashion retailer  |  Retail and fashion  |  2011  |  England and Wales  |  Also: Copyright

Advice on label wording to signal bottle design protection

Advised a Norwegian bottled water company on the wording to use on labels and packaging for the Middle East to indicate that its bottle design was protected, recommending a formulation referring to protection in the EU and other territories, and on follow-up design applications in the UAE and neighbouring countries. [Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

Norwegian bottled water company  |  Food and drink  |  2010  |  EU, United Arab Emirates  |  Also: Trade marks

Registered design and trade mark claim against a high street retailer over a skirt

Acted for a British tailoring and fashion group in a dispute with a large high street retailer over an allegedly copied skirt. Sent a letter before action, dealt with the responses and advised on settlement strategy. The retailer moved to withdraw the product and offered damages, and terms covering undertakings, confidentiality and destruction of goods were negotiated. [Trade Marks Act 1994, s.10 (infringement); Registered Designs Act 1949, ss.7-7A (infringement of a registered design)]

British tailoring and fashion group  |  Retail and fashion  |  2010  |  England and Wales  |  Also: Trade marks

Registered design infringement claim over an inflatable racing kart sold by a retailer

Acted for a UK video games retailer that received a cease and desist letter alleging that an inflatable racing kart it sold infringed registered designs. Advised on the merits and strategy and sent a holding response. Considered a prior design said to undermine the claimant's design, reviewed the supplier's indemnity and corresponded with the claimant's representatives. [Registered Designs Act 1949, ss.7-7A (infringement of a registered design), s.11ZA (invalidity of a registered design)]

UK video games retail group  |  Retail and fashion  |  2010 to 2011  |  England and Wales  |  Also: Commercial litigation

Community registered design application for an architectural practice

Acted for an architecture practice in applying to OHIM for a Community registered design and in a later request to amend the registration, which OHIM was considering. [Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

London architecture practice  |  Property and construction  |  2009  |  EU  |  Also: IP licensing and commercial IP

Registered design and copyright protection for a football form website's graphics

Advised the owner of a football form and prediction website on protecting its graphical presentation of team form ahead of a commercial deal with a third party. Covered the limits of copyright, registered Community designs within the one-year grace period after first publication, and a possible trade mark. The client chose to proceed with EU design registration. [Copyright, Designs and Patents Act 1988, ss.1-4 (subsistence of copyright); Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

Owner of a football form and prediction website  |  Sport  |  2009  |  EU, England and Wales  |  Also: Copyright, Trade marks

Response to a threatened copyright and design right claim over a pendant light

Acted for a small lighting company threatened with litigation by a competitor alleging that its pendant lamp copied the competitor's light design. Prepared a letter of response rejecting the claim, which was in effect based on unregistered rights (copyright and unregistered design right under the Copyright, Designs and Patents Act 1988). [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), s.213 (unregistered design right), ss.226-229 (infringement of design right)]

Small lighting design and supply company  |  Consumer goods  |  2009  |  England and Wales  |  Also: Copyright

Registered design and trade mark advice for a start-up household product

Advised two individuals starting a business on protecting a new household product, recommending an EU registered design for its appearance and considering a UK trade mark application for the business name and logo. Also pointed out that the matching domain name was registered to a third party. [Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

Two individuals starting a small consumer products business  |  Consumer goods  |  2008  |  EU, United Kingdom  |  Also: Trade marks

IP protection and confidentiality agreement for a proposed tall interactive light sculpture

Advised an architecture and design practice on protecting the intellectual property in a proposed free-standing, tall, transparent LED sculpture for advertising, including registration of the design in the UK and a confidentiality agreement to use when showing the concept to third parties, and referred the question of patentability for advice in Germany. [Registered Designs Act 1949, s.1B (novelty and individual character); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

London architecture and design practice  |  Professional services  |  2006 to 2007  |  England and Wales, Germany  |  Also: Confidential information and trade secrets

Registered and unregistered design infringement claim over bus stop kerb stones

Acted for a UK producer of aggregates and construction materials as claimant in a design infringement action over bus stop kerb stones, alleging copying of unregistered designs and infringement of registered designs. Defended the invalidity counterclaim, joined the managing director as a second defendant, instructed an expert and advised on settlement offers. [Copyright, Designs and Patents Act 1988, s.213 (unregistered design right), ss.226-229 (infringement of design right); Registered Designs Act 1949, ss.7-7A (infringement of a registered design), s.11ZA (invalidity of a registered design)]

Public record: Aggregate Industries UK Ltd v Camel Construction Products Ltd, High Court, Patents Court, issued 2006.

UK producer of aggregates and construction materials  |  Property and construction  |  2005 to 2007  |  England and Wales  |  Also: Commercial litigation

Registered designs and IP terms of a design contract for an architecture practice

Advised an architecture practice on protecting its design work, including registration of UK and Community registered designs for furniture, and on the intellectual property provisions of a design contract being negotiated with a commercial client. The advice covered the novelty requirement and the one year grace period for registration. [Registered Designs Act 1949, s.1B (novelty and individual character); Community Design Regulation (EC) 6/2002 (registered and unregistered Community designs)]

Architecture practice  |  Property and construction  |  2003 to 2004  |  England and Wales, EU  |  Also: Copyright, IP licensing and commercial IP

High Court IP litigation over misuse of confidential information by a rival music technology business

Acted for a music licensing platform and its affiliate as claimants in High Court (Intellectual Property List) litigation against a rival music technology business and its related companies over alleged misuse of confidential information. Handled statements of case, requests for information, case management, costs budgeting, Part 36 offers, expert evidence and mediation steps, instructing counsel. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Public record: Songtradr Inc and another v Ditto Ltd (trading as Ditto Music) and others, High Court, Intellectual Property List, Claim No. IL-2020-000064.

Online music licensing platform and its affiliate  |  Music and entertainment  |  2021  |  England and Wales  |  Also: Copyright, Commercial litigation

Confidentiality agreement and protection of a start-up lottery concept

Advised an individual developing a start-up lottery concept on protecting the idea before disclosing it to a potential partner, supplying a long form mutual non-disclosure agreement and advising that the concept be recorded in a written document attached to the agreement for evidential and copyright purposes. [Copyright, Designs and Patents Act 1988, ss.1-4 (subsistence of copyright); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Private individual developing a start-up lottery concept  |  Lotteries  |  2018  |  England and Wales  |  Also: Lotteries and prize competitions

Advice on an email sent in error affecting two supermarket customers

Advised a food manufacturer on an email sent in error to one supermarket customer that also affected its relationship with another. Recommended a letter seeking confirmation that the email was destroyed and would not be acted on, a review of the confidentiality and limitation of liability terms in the customer contracts and a review of procedures. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Food manufacturer supplying major supermarket customers  |  Food and drink  |  2012  |  England and Wales  |  Also: Commercial contracts

Undertakings on return of property and confidential information from a former contact

Acted for an architectural practice in pre-action correspondence with an individual and her company, and their solicitors, seeking undertakings that they hold no property belonging to the client and will not use its confidential information. Negotiated successive drafts of the undertakings and advised on the extent of the promises needed. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

International architectural practice  |  Property and construction  |  2012  |  England and Wales  |  Also: Commercial litigation

Review of confidentiality agreements and data security measures

Advised a UK machinery supplier on a review of its confidentiality agreements, including an employee confidentiality agreement, and its data security measures. The review was to identify gaps, strengthen the agreements where needed and advise on whether they were adequate. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets); Data Protection Act 1998 (data protection before May 2018)]

UK-based machinery supplier, part of an international group  |  Engineering and manufacturing  |  2009  |  England and Wales  |  Also: Commercial contracts

Takedown and domain transfer action against a copycat online shop website

Acted for an art materials retailer against an anonymous copycat website that reproduced its logo and look and feel. Advised on trade mark infringement, passing off and copyright, registrar abuse notices and merchant impersonation reports, and brought a UDRP complaint to WIPO to recover the infringing domain name. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints); Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Public record: Art-Line Ltd (Cass Art): WIPO Case D2025-4143, cassartshop.com, transfer ordered on 23 December 2025.

Art materials retailer with a national shop chain and online store  |  Retail and fashion  |  2025 to 2026  |  England and Wales, Japan  |  Also: Trade marks, Passing off and brands

Investigation and UDRP complaint against an online seller of imitation footwear

Acted for a luxury footwear brand against an online seller of goods imitating its products and apparently based in Hong Kong. Instructed US investigators to investigate and make test purchases for delivery to the US and Australia, to identify the operator and any local warehouse, and prepared a UDRP complaint to WIPO over the operator's domain name. [Trade Marks Act 1994, s.10 (infringement); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints)]

Luxury footwear brand  |  Retail and fashion  |  2018  |  England and Wales, United States, Australia, Hong Kong  |  Also: Trade marks, Passing off and brands

Recovery of an Irish country-code domain name matching a client's trade name

Advised an international financial brokerage group on recovering a domain name in the Irish country-code domain that matched its own name. Prepared an initial note on the options for recovery in 2014.

International financial brokerage group  |  Financial services and trading  |  2014  |  Ireland  |  Also: Passing off and brands

Recovery of a brand's .com domain name for a fashion retailer

Advised a fashion retailer on recovering from a third party the .com domain name matching its brand, and prepared draft advice on the options for recovery.

Fashion retailer  |  Retail and fashion  |  2013  |  England and Wales

Recovery of domain names registered by a competitor, with passing off claim

Advised a medical recruitment business on a competitor's registration of three domain names incorporating its name and pointing to the competitor's website. Advised on passing off and trade mark rights and on the Nominet dispute route, and prepared a letter before action and draft undertakings. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Nominet Dispute Resolution Service Policy (abusive .uk registrations)]

International medical recruitment business  |  Professional services  |  2011  |  England and Wales  |  Also: Passing off and brands

Acquisition of a brand .com domain name from an overseas domain investor

Acted for an online travel agent seeking to acquire the .com version of its brand domain name from an overseas domain investor. Advised that a UDRP complaint would struggle because the registration pre-dated the client's use, recommended a without prejudice approach, and then documented the negotiated purchase through a domain transfer agreement and escrow arrangement. [Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints)]

Online travel agent  |  Travel and leisure  |  2010  |  England and Wales  |  Also: Commercial contracts

Domain name complaints and transfers for a retail brand

Acted for a UK design-led retail brand in recovering its name as domain names, through WIPO complaints on .net and .ie names, a Nominet DRS complaint for the .org.uk name and a Korean complaint run with local counsel. The .ie complaint succeeded, the client was told of a further win, and transfers were then arranged with a registrar. [Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints); Nominet Dispute Resolution Service Policy (abusive .uk registrations)]

Public record: Cath Kidston Ltd: WIPO Cases D2010-0040 (cathkidston.biz), D2010-0203 (cathkidston.net) and DIE2010-0002 (cathkidston.ie), each ending in an order for transfer in April 2010. Nominet DRS 7960.

UK design-led retail brand  |  Retail and fashion  |  2009 to 2010  |  England and Wales, Ireland, Korea  |  Also: Trade marks

Escrow agent and registrant for a domain name transaction with an overseas company

Acted as escrow agent and holding registrant of a domain name for an online gambling client in a transaction with an overseas company. Once payment had been made, arranged the transfer of the domain name to the agreed recipient through a domain name registrar service and confirmed completion to the parties.

Listed online gambling group  |  Online gambling  |  2009 to 2010  |  England and Wales  |  Also: Commercial contracts

Domain name dispute over a typosquatting site run by a competitor

Acted for the UK company of a global public relations agency against a competitor whose website was reached by mistyping the client's domain name. Pursued transfer of the domain names, obtained the competitor's agreement to transfer them, and negotiated undertakings from its solicitors against repetition.

UK company of a global public relations agency  |  Professional services  |  2008 to 2009  |  England and Wales  |  Also: Trade marks

Recovery of a domain name incorporating a pharmaceutical brand trade mark

Acted for the European arm of a Japanese pharmaceutical group against an individual who had registered a .co.uk domain name incorporating the client's product trade mark. Prepared a letter before action with undertakings to transfer the domain and not to infringe, with Nominet dispute resolution as the fall-back. [Trade Marks Act 1994, s.10 (infringement); Nominet Dispute Resolution Service Policy (abusive .uk registrations)]

European arm of a Japanese pharmaceutical group  |  Pharmaceuticals and healthcare  |  2007  |  England and Wales  |  Also: Trade marks

Recovery of a domain name through a letter before action and undertakings

Acted for a UK business against a company that had registered a domain name incorporating the client's name. Sent a letter before action and required undertakings, and the domain name was transferred to the client through the Nominet process. [Passing off (common law); Nominet Dispute Resolution Service Policy (abusive .uk registrations)]

UK business with several hundred employees  |  Other  |  2007  |  England and Wales  |  Also: Passing off and brands

Recovery of a bingo domain name and trade mark application from an affiliate

Acted for an online gambling group to recover a bingo-branded domain name registered by an affiliate, who had also applied for a Community trade mark. Advised on a UDRP complaint, opposition at OHIM and High Court claims for passing off, trade mark infringement and breach of the affiliate agreement, and prepared the demand letter. [Trade Marks Act 1994, s.10 (infringement); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity); Passing off (common law); Uniform Domain Name Dispute Resolution Policy, para.4(a) (domain name complaints)]

Listed online gambling group  |  Online gambling  |  2006 to 2007  |  England and Wales, EU  |  Also: Trade marks, Passing off and brands

Settlements and domain name handling for third-party use of a brand group's names

Advised a consumer brand group on numerous third-party names and domains, including a settlement ring-fencing one registrant's use of a similar name to its current business and excluding car rental, comparison sites, airlines and internet cafes. The advice favoured settlement over fighting or buying the name, and also covered domain renewals and transfers. [Passing off (common law)]

UK consumer brand group with airline, car rental and other businesses  |  Travel and leisure  |  2001 to 2003  |  England and Wales  |  Also: Passing off and brands, Trade marks

Enforcement against domain name squatters and look-alike names for a brand group

Acted for an airline and its parent brand group in a campaign against registrants of domain names and company names confusingly similar to its brand, using letters before action and settlements requiring registrants to disclose and assign all similar domains and not register others. Took counsel's opinion before a letter before action in one dispute. [Trade Marks Act 1994, s.10 (infringement); Passing off (common law); Companies Act 2006, s.69 (company names objections)]

UK consumer brand group with airline, car rental and other businesses  |  Travel and leisure  |  2000 to 2002  |  England and Wales, United States  |  Also: Passing off and brands, Trade marks

Negotiation of a casino software licence with a Las Vegas casino

Advised an Isle of Man casino software developer on negotiating a software licence with a Las Vegas casino operator. Settled the terms of a memorandum of understanding, including a royalties-based structure giving the client exposure to future growth, and a licence terminable only for breach rather than perpetual. The advice was non-contentious.

Isle of Man casino software developer  |  Technology and software  |  2024 to 2025  |  Isle of Man, United States  |  Also: Gambling: commercial agreements, IT and software

IP holding company, patent filing and licensing structure for a proposed joint venture

Advised a London business on the intellectual property structure for a proposed joint venture built around a patentable invention. Covered use of an IP holding company, keeping the invention confidential until a first patent filing fixes priority, the choice of first filing jurisdiction, and why the terms of the licence to the trading company would drive investor confidence. [Patents Act 1977, ss.1-3 (patentability, novelty and inventive step); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

London-based business with a patentable invention and a proposed joint venture  |  Other  |  2022  |  England and Wales, United States  |  Also: Patents, Corporate, M&A and due diligence

Advice on alleged breach of IP and data provisions in an NHS call-off contract

Advised a healthcare analytics supplier on an alleged breach by NHS England of the intellectual property and related provisions of its call-off contract, after NHS England made data from its system available to competitors. Delivered a written note analysing the contract documents and advised that the client's interpretation appeared correct.

Healthcare data analytics supplier to the NHS  |  Pharmaceuticals and healthcare  |  2021 to 2022  |  England and Wales  |  Also: Commercial contracts, IT and software

Trade mark licence and goodwill terms on a corporate share acquisition

Advised an acquirer in a share purchase on the IP terms of a trade mark licence proposed by the seller's group, covering a UK logo mark and the goodwill in an unregistered trade name. Recommended a UK goodwill assignment, a UK-only logo licence and a transitional rebranding period for the buyer, and reviewed the mark-up. [Trade Marks Act 1994, ss.28-31 (licensing)]

UK corporate group acquiring a business  |  Other  |  2021  |  England and Wales  |  Also: Trade marks, Corporate, M&A and due diligence

Advice on IP ownership in a consultant's engagement and consultancy agreement

Advised a company on the intellectual property position in its arrangements with an individual consultant and worked on the related consultancy agreement. The company's intellectual property was to be held in a separate subsidiary. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership)]

Private company with intellectual property to be held in a subsidiary  |  Other  |  2018  |  England and Wales  |  Also: Commercial contracts

IP protection and contract support for a virtual reality training company

Advised a small technology company with a virtual reality training platform on protecting its intellectual property, ahead of possible manufacturing and investment discussions with a Chinese partner, and on its commercial contracts.

Small technology company with a virtual reality training platform  |  Technology and software  |  2018  |  England and Wales  |  Also: IT and software

IP protection and company set-up for a new app development venture

Advised the founders of a new app development venture on protecting and setting up the project, including a model non-disclosure agreement, service agreements with contributors, company formation and an EU trade mark filing for the project's name, with a US patent and UK registered designs under consideration for later. [Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Founders of a new app development venture  |  Technology and software  |  2014  |  England and Wales, EU  |  Also: Trade marks, Corporate, M&A and due diligence

Patent consultancy and assignment agreement for an inventor's toaster sensor technology

Advised an Australian small kitchen appliance group on securing rights in an individual inventor's toaster particle sensor technology. Reviewed the inventor's earlier contract and the chain of title to the UK patent, flagged ownership risks, and drafted a patent consultancy and assignment agreement with sales reporting, audit and IP assignment provisions. [Patents Act 1977, ss.7, 8 and 37 (entitlement and ownership), ss.30-33 (assignment, licences and registration)]

Australian small kitchen appliance group  |  Consumer goods  |  2014  |  England and Wales  |  Also: Patents

IP structure and heads of terms for a cross-border electricity trading system tender

Advised a European electricity exchange operator on intellectual property terms for its tender response to a cross-border intraday electricity trading system project. Covered options for transferring or jointly licensing IP to the tenderers, heads of terms for hosting and services, and the licence needed to reuse source code from its existing trading system. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.90-92 (assignment and licences)]

European electricity exchange operator  |  Energy, oil and gas  |  2013  |  EU  |  Also: IT and software, Copyright

Reseller and agent agreements for overseas distribution of a technology platform

Advised a technology company on reseller and agent agreements for distributing its platform overseas, including reseller agreements for Australia, Japan and the United States (Nevada) and a longer-form agent agreement. Reviewed drafts and redlines, including approval of the Australian form.

Technology company offering a mobile interactive content platform  |  Technology and software  |  2013 to 2015  |  England and Wales, Australia, Japan, United States  |  Also: Commercial contracts

Brand protection and commercial contracts for a fashion retailer

Advised a fashion retailer on brand protection and commercial contracts, including a trade mark licence for a sub-brand logo on a website, a media services agreement and the purchase of student art, alongside advice on protecting the brand in international expansion. [Trade Marks Act 1994, ss.28-31 (licensing)]

Fashion retailer  |  Retail and fashion  |  2011 to 2012  |  England and Wales  |  Also: Commercial contracts, Trade marks

Software licence and copyright assignment agreement for online poker software with a French group

Acted for a US casino and entertainment group in negotiating a software licence and assignment agreement for an online poker platform with a French casino group's poker business. Advised on territorial assignment of copyright under English law and the Berne Convention, and on insurance, guarantee and software audit terms. An execution version followed in 2011. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.90-92 (assignment and licences)]

Interactive division of a US casino and entertainment group  |  Online gambling  |  2011 to 2012  |  England and Wales, France, United States  |  Also: Copyright, Gambling: commercial agreements

Suspected breach of an exclusive patent and know-how licence by the licensor

Advised the metering services arm of a major UK energy group on a suspected breach of its exclusive UK patent and know-how licence, after the licensor began advertising a product apparently using the licensed technology with improvements. Set out the licence terms, the facts and the questions to be answered, including whether improvements had not been notified. [Patents Act 1977, ss.30-33 (assignment, licences and registration)]

Metering services subsidiary of a major UK energy network group  |  Energy, oil and gas  |  2010  |  England and Wales  |  Also: Patents

Exclusive IP licence and co-existence agreement within a business purchase

Acted for a company taking an exclusive licence of intellectual property as part of a business purchase, redrafting the licence agreement offered by the other side and a co-existence agreement.

Company taking an exclusive IP licence as part of a business purchase  |  Other  |  2009  |  England and Wales  |  Also: Corporate, M&A and due diligence, Trade marks

Multi-jurisdiction employee invention assignment and non-disclosure agreements

Advised a technology group on adapting a California-law employee invention assignment and non-disclosure agreement for use in Korea, China, Taiwan, Japan, Singapore, Germany, France, Italy, the UK and Israel. Advised that separate local-law agreements were needed. [Patents Act 1977, ss.39-40 (employee inventions); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Technology company with US parent and operations in Asia, Israel and Europe  |  Technology and software  |  2009  |  England and Wales, France, Israel, Germany, Italy, Japan, China, Taiwan, Korea, Singapore  |  Also: Confidential information and trade secrets

Technology evaluation and confidentiality agreements for an engineering technology developer seeking industrial partners

Advised a UK engineering technology developer on commercialising its technology through industrial partners, including a technology evaluation agreement, confidentiality agreements (with negotiation of governing law and jurisdiction with a Swiss-based counterparty) and the tax treatment of licensing compared with transferring IP to a group company. Later discussions concerned a proposed China transaction. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

UK engineering technology developer seeking industrial partners for its technology  |  Engineering and manufacturing  |  2009 to 2011  |  England and Wales, Denmark, China  |  Also: Commercial contracts, Confidential information and trade secrets

Trade mark licence or franchise structure for a branded poker tournament series in Europe

Advised a US casino and entertainment group on how to structure the grant of rights to local organisers of a branded poker tournament series in France, Germany and Spain, and on whether the arrangement was a trade mark licence or a franchise. Coordinated local franchise law advice in each country and advised on a draft franchise agreement. [Trade Marks Act 1994, ss.28-31 (licensing)]

US casino and entertainment group  |  Poker  |  2009  |  England and Wales, France, Germany, Spain  |  Also: Gambling: commercial agreements, Commercial contracts

Licence dispute with a US licensee over unpaid software installations, ending in settlement

Advised a software developer on a dispute with its US licensee, which had allowed end users to install the client's software on more machines than were paid for. Advised on termination of the licence for non-payment, recovery, and the comparative cost of English and US litigation, and then on a settlement agreement and NDA with the licensee. [Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences)]

Software developer  |  Technology and software  |  2008  |  England and Wales, United States  |  Also: IT and software, Commercial litigation

Branded games development and licensing agreement with media and retail brand owners

Drafted a brand licensing agreement under which brand owners would license their brands, some exclusively, to a financial brokerage group's gaming business to develop and brand games across media and devices in return for a revenue share or royalty, with an affiliate commission element and ownership of the de-branded games remaining with the gaming business. [Trade Marks Act 1994, ss.28-31 (licensing)]

Online gaming business within an international financial brokerage group  |  Online gambling  |  2007  |  England and Wales  |  Also: Gambling: commercial agreements

Dispute over an exclusivity clause in a software licence for derivative pricing

Advised an inter-dealer broker group on a threatened dispute with its software licensor, which contended that an exclusivity clause barring licences to other brokers was unenforceable. Analysed the licence and obtained a written assurance that no licence would be granted to a competitor without advance notice, which removed the basis for an emergency injunction application.

International inter-dealer broker group  |  Financial services and trading  |  2007  |  England and Wales  |  Also: IT and software, Commercial litigation

Dispute with an index provider over data licence fees and licence termination

Acted for a financial betting operator in a dispute with a stock index provider, which claimed fees for use of index data in fixed odds betting and later terminated the operator's delayed data licence. Drafted correspondence answering the provider's claims, reviewed the operator's own index model built without the provider's data, and advised on challenging the termination.

Financial betting operator within an international financial brokerage group  |  Financial services and trading  |  2007 to 2008  |  England and Wales  |  Also: Betting, spread betting and financial trading, Commercial litigation

Review of index data licence agreements for a new financial betting product

Advised a financial betting operator by reviewing index data subscription and licence agreements from a financial information provider for a new betting product built on the same model as an existing one, to check whether the data could be used as intended, drawing on the earlier analysis of a comparable stock index provider licence.

Financial betting operator within an international financial brokerage group  |  Financial services and trading  |  2007  |  England and Wales  |  Also: Betting, spread betting and financial trading

Sports data product licences for a betting and gaming division

Advised the betting and gaming division of a television production group on a sports data product for online betting operators. Reviewed draft data licences from two sports data suppliers and drafted a pro-forma customer licence, covering back-to-back warranties, service levels, disclaimers for betting decisions and limits of liability.

Television production and entertainment group  |  Media and broadcasting  |  2007  |  England and Wales  |  Also: Gambling: commercial agreements, IT and software

Ownership of trade mark registrations under a licence agreement between licensor and licensee

Advised an international document destruction services group on how a trade mark licence agreement should deal with split ownership of registrations, where the licensee held the UK registration and corresponding Madrid registrations. Questions were whether the licensee should hold on trust or be obliged to assign on request, and who should take the goodwill. [Trade Marks Act 1994, ss.24-25 (assignment and registration of transactions), ss.28-31 (licensing)]

International document destruction services group headquartered in Canada  |  Professional services  |  2006 to 2010  |  England and Wales, Canada  |  Also: Trade marks

Sale of a patent and patent application to a US buyer

Advised the managing director of a promotional products company, as inventor, on the proposed sale of his patent and patent application to a US buyer. Reviewed the buyer's purchase agreement, advised that it combined features of an assignment and a licence, recommended an outright assignment and prepared a redraft with explanatory comments. [Patents Act 1977, ss.30-33 (assignment, licences and registration)]

Managing director of a promotional products company, as inventor  |  Consumer goods  |  2006  |  England and Wales, United States  |  Also: Patents

Heads of terms for licensing an auction game format to a television production company

Advised a promotions operator on heads of terms for the licence of its auction game format to a television production company. Reviewed the revenue-sharing mechanism, the limited exploitation obligations on the licensee and the weakness of the client's ability to protect exclusivity in the format, and suggested negotiating points.

Operator of premium-rate interactive prize games promoted through the media  |  Media and broadcasting  |  2005  |  England and Wales  |  Also: Media, broadcasting and entertainment

Intellectual property terms in a marketing agency agreement for an advertisement shoot

Advised the European arm of a Japanese consumer electronics group on a marketing agency agreement for a television advertisement shoot, in particular the intellectual property clauses and the agency's proposed changes to copyright ownership and assignment, on an urgent timetable before the shoot. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.90-92 (assignment and licences)]

European arm of a Japanese consumer electronics group  |  Consumer goods  |  2002  |  England and Wales  |  Also: Advertising and marketing, Copyright

Name licence, rebranding and software transfer terms on a banking business acquisition

Acted for a global US investment bank on the intellectual property and transitional arrangements on its purchase of a UK investment banking business, including a trade mark licence governing continued use of the vendor's name, the resulting name-change obligations, a proprietary software assignment with licence back, and a private banking agreement. [Trade Marks Act 1994, ss.28-31 (licensing); Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences)]

Global US investment bank acquiring a UK investment banking business  |  Financial services and trading  |  2000  |  England and Wales  |  Also: Trade marks, Corporate, M&A and due diligence

Review of a platform supplier's white label and data processing agreements

Advised a property business on a technology supplier's draft white label agreement and data processing agreement for a new platform project, producing contract notes and a commentary on the supplier's draft. Also advised on intellectual property rights in the project. [UK GDPR and Data Protection Act 2018 (data protection)]

Property business developing a new technology platform project  |  Property and construction  |  2023  |  England and Wales  |  Also: Data protection, IP licensing and commercial IP

Review of an English-law software services agreement for a Canadian customer

Advised a Canadian company, as English counsel, on a services agreement governed by English law under which a Polish supplier would provide services and software. Provided a marked-up agreement with comments, a warranty provision for software conformity, and advice on the confidentiality treatment of deliverables.

Company based in Canada  |  Other  |  2022 to 2023  |  England and Wales  |  Also: Commercial contracts

SaaS customer contracts and US expansion terms for a regtech software provider

Advised a growing software-as-a-service provider to the regulated financial sector on its customer contracts, including its standard SaaS agreement, a shorter-form version, negotiation of customer-requested amendments such as a mutual indemnity clause, a one-off contract, US expansion contracts and employment contracts.

Growing software-as-a-service provider to the regulated financial sector  |  Technology and software  |  2022 to 2025  |  England and Wales, United States  |  Also: Commercial contracts

Amendments to a lottery platform supplier contract

Drafted amendments to a contract between an external lottery manager and its lottery platform supplier in 2018. The supplier initially did not accept the amendments and sent comments, after which revised changes were prepared and sent to the client. [Gambling Act 2005, s.257 (external lottery manager)]

External lottery manager running a branded society lottery  |  Lotteries  |  2018  |  England and Wales  |  Also: Gambling: commercial agreements

Review of a standard-form digital subscription services agreement with a technology group

Advised a national newspaper publisher on a technology group's standard-form agreement adding a subscription service to developer services it already used. Concluded there was little to negotiate, that the data protection and payment terms were not onerous, and provided a short contract sign-off summary.

National newspaper publisher  |  Publishing  |  2018  |  England and Wales  |  Also: Commercial contracts

Software development agreement between a games publisher and an external developer

Advised a video games publisher on a software development agreement with an external developer, with an associated master services agreement and statements of work, reviewing redlined drafts exchanged in 2012.

Online video games developer and publisher  |  Video games and esports  |  2012  |  England and Wales  |  Also: Commercial contracts, IP licensing and commercial IP

Software licence audit demand from a software industry body, and costs recovery

Advised an asset management group on a software licence audit demand sent by solicitors for a software industry trade body, acting for a major software vendor. Investigated the position, drafted the response, and advised on a letter to those solicitors seeking the client's costs, after they told the client they had made an error. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies)]

Asset management group  |  Financial services and trading  |  2011  |  England and Wales  |  Also: Copyright, Commercial litigation

Software licence termination dispute with allegations of copyright and confidence breaches

Represented a UK in-store research business in a dispute with its software licensor, which alleged copyright infringement, breach of confidence and misuse of trade secrets and challenged the client's termination of the licence and the sums payable. Advised on termination and conducted the correspondence with the licensor's solicitors, including without prejudice and Part 36 exchanges. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies); Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

UK in-store research business within a global marketing services group  |  Professional services  |  2008 to 2009  |  England and Wales  |  Also: Confidential information and trade secrets, Commercial litigation

Software licence notice for navigation software updates delivered by website

Advised the European arm of a Japanese consumer electronics group on a short end-user software licence notice for updates to navigation software delivered through its website, including which group company owned the licence, how the original software was delivered and whether users had accepted a licence earlier.

Japanese consumer electronics group  |  Consumer goods  |  2007 to 2008  |  England and Wales  |  Also: IP licensing and commercial IP

Defence of software publishers' trade body audit demand and licensing damages claim

Acted for a UK technology business that received an audit demand and then, through solicitors, a damages claim from a software publishers' trade body over alleged unlicensed use of a vendor's software. Advised on strategy, drafted the responses and advised on assembling licence evidence as if for disclosure, the measure of damages and a possible Part 36 offer. [Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works), ss.16-18 (infringement by copying and issuing copies)]

UK technology business  |  Technology and software  |  2006 to 2008  |  England and Wales  |  Also: IP licensing and commercial IP, Copyright

Disclaimer and end-user licence terms for software tools supplied on DVD

Advised a Japanese consumer electronics group on a disclaimer and end-user licence terms for software development tools distributed on DVD to third parties, including whether click-wrap acceptance, or a signed contract before supply, was needed to make an exclusion of liability effective, and whether a standard end-user licence precedent could be used. [Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

Japanese consumer electronics group  |  Consumer goods  |  2006  |  England and Wales  |  Also: IP licensing and commercial IP

Legal advice on setting up a football social networking website with Chinese version

Advised a start-up founder on legal aspects of setting up a football-fan social networking website, including UK law terms and conditions, a privacy policy and the risks of user-posted content, and arranged referral to Beijing and Hong Kong offices for a Chinese-language version. An earlier enquiry concerned a pools betting site. [Electronic Commerce (EC Directive) Regulations 2002, regs.17-19 (intermediary liability and online information); Data Protection Act 1998 (data protection before May 2018)]

Private individual founding a start-up website  |  Technology and software  |  2006 to 2007  |  England and Wales, China  |  Also: Commercial contracts, Data protection

Defence of a software vendor's licence breach claim over email security software

Advised a financial services group facing a software vendor's allegation that it had breached the terms of licences for email security software and owed damages. Drafted response letters, sought the licence documents on which the claim depended, and dealt with the vendor's solicitors.

International inter-dealer broking and financial services group  |  Financial services and trading  |  2005 to 2006  |  England and Wales  |  Also: Commercial contracts, Commercial litigation

Website development and consultancy agreements for a children's character brand website

Advised a plc owning children's character brands on the agreement under which an interactive agency was building a consumer website, concentrating on ownership of the code, the licence needed to run the site, the agency's access to customer data under data protection law, the liability cap and confidentiality. Also advised on related consultancy agreements. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership); Data Protection Act 1998 (data protection before May 2018)]

Plc owning children's and entertainment character brands  |  Media and broadcasting  |  2005  |  England and Wales  |  Also: Commercial contracts, Data protection

Software licence breach claim against a life assurer, with security for costs application

Acted for a software company as claimant in contested proceedings against the Isle of Man subsidiary of a UK banking group for breach of a software licence limiting use to one computer, drafting the letter before action and pleadings, instructing counsel, and responding to the defendant's application for security for costs while obtaining discovery.

Software company supplying life assurance administration software  |  Technology and software  |  2004 to 2005  |  England and Wales, Isle of Man  |  Also: Commercial litigation, IP licensing and commercial IP

Contract scope and expert evidence in a major IT services contract dispute

Advised the IT services arm of a multinational technology group on the scope of a major IT services contract, in the context of renegotiation and preparation of a case. Commented, from a legal viewpoint, on a retained technical expert's working paper on contract scope.

IT services arm of a multinational technology group  |  Technology and software  |  2001  |  England and Wales  |  Also: Commercial litigation

Privacy policy and website disclaimer review for a new company website

Advised on the privacy policy and disclaimer for a company's new website, reviewing the staging site and liaising with its web developer on the data protection points. Questions included whether analytics tools would be used before launch. [UK GDPR and Data Protection Act 2018 (data protection)]

Company launching a new website  |  Other  |  2026  |  England and Wales  |  Also: IT and software

Data protection opinion on a casino customer spend-rating service

Advised a data and technology company on data protection law, in particular whether a service rating casino customers' likely gambling spend from age, sex and partial postcode involved processing personal data. Prepared an opinion in the form of a comfort letter for the client to share with its casino customers. [UK GDPR and Data Protection Act 2018 (data protection)]

Data and technology company serving gambling operators  |  Technology and software  |  2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

GDPR compliance review of a property data provider's privacy and contract terms

Advised a commercial property data and analytics provider on GDPR compliance ahead of the 2018 deadline. Reviewed and commented on its privacy policy, data protection addendum and master service agreement including the standard contractual clauses, with an EU-US Privacy Shield submission in view. [UK GDPR and Data Protection Act 2018 (data protection)]

International commercial property data and analytics provider  |  Property and construction  |  2018  |  England and Wales, EU  |  Also: Commercial contracts

Website privacy and cookie policies for a drinks company

Drafted a privacy policy and cookie policy for a UK drinks company's website, and amended the privacy policy to cover cookies, through several versions to a final form. [Data Protection Act 1998 (data protection before May 2018); UK GDPR and Data Protection Act 2018 (data protection)]

Drinks company in the UK  |  Food and drink  |  2015 to 2024  |  England and Wales

Data protection advice on a mobile contacts database application

Advised an entrepreneur on the data protection and privacy issues raised by a proposed mobile application that would upload users' phone contacts to a central database and use it to identify unknown callers, setting out the issues across jurisdictions. [Data Protection Act 1998 (data protection before May 2018)]

Private individual entrepreneur developing a mobile application  |  Technology and software  |  2012  |  European Union, England and Wales  |  Also: IT and software

Data protection law review across India, China and Vietnam

Advised the interactive division of a US casino and entertainment group on data protection law in India, China and Vietnam, instructing local lawyers in each country. Collected their memoranda and answers to follow-up questions and delivered them with a summary table of the scope of instructions and advice per jurisdiction in 2012.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2011 to 2012  |  India, China, Vietnam

Data protection advice on giving US staff access to a London system

Advised a financial services business on giving a US-based employee access to its London-hosted treasury, risk management and investment system as it expanded its New York operations, covering UK and EU data protection issues. Prepared a data protection letter and a data transfer agreement and considered data retention. [Data Protection Act 1998 (data protection before May 2018)]

Financial services business with treasury, risk management and investment functions  |  Financial services and trading  |  2009  |  England and Wales, EU, United States  |  Also: IT and software

Data protection and consent advice on an SMS marketing campaign agreement

Advised an online gambling group on the data protection position under a draft SMS marketing campaign agreement and statement of work with a technology supplier. Reviewed the contract, advised on whether the customer consent in the terms and conditions and privacy policy was wide enough, and produced a note of advice. [Data Protection Act 1998 (data protection before May 2018); Privacy and Electronic Communications Regulations 2003, reg.22 (electronic direct marketing)]

Listed online gambling group  |  Online gambling  |  2008  |  United Kingdom  |  Also: Advertising and marketing

Data protection review of marketing database and email marketing practices

Advised a financial news publisher on data protection compliance in its marketing database, following the introduction of a new CRM system. Covered the Data Protection Act and the Privacy and Electronic Communications Regulations 2003 on email direct marketing, including the distinction between corporate and individual subscribers. [Data Protection Act 1998 (data protection before May 2018); Privacy and Electronic Communications Regulations 2003, reg.22 (electronic direct marketing)]

Financial news publisher  |  Publishing  |  2005  |  England and Wales  |  Also: Advertising and marketing

Child Support Agency information powers and data protection exemptions advice

Advised a listed travel management group on whether it was caught by new powers of the Child Support Agency to obtain information about its employees, and on how Data Protection Act exemptions and Human Rights Act limits on public authority powers applied, including whether staff had to be told before disclosure. [Data Protection Act 1998 (data protection before May 2018)]

Listed travel management group  |  Travel and leisure  |  2004  |  England and Wales  |  Also: Regulatory investigations and enforcement

Data protection compliance review and data subject access request

Advised a football club on a data protection compliance review, with advice and steps to a solution given in 2004, and later on handling a data subject access request, including correspondence with the requester's solicitors in 2005. [Data Protection Act 1998 (data protection before May 2018)]

Premier League football club  |  Sport  |  2004 to 2005  |  England and Wales

Data protection consent and compliance advice for a travel management group

Advised a listed travel management group on data protection compliance for its processing of traveller and employee data, including consent wording for traveller profile forms, a written advice paper, comments on its board paper, data processor arrangements and a proposed letter to existing clients. [Data Protection Act 1998 (data protection before May 2018)]

Listed travel management group  |  Travel and leisure  |  2002 to 2003  |  England and Wales

Data protection advice on intra-group data sharing agreement with international transfers

Advised a telecoms group on UK data protection law as it applied to a data sharing arrangement with group companies. Advised on separate terms for EEA and non-EEA companies, joint and several liability between data controllers, treatment of wholly owned and other subsidiaries, and the status of the ICC model clauses. [Data Protection Act 1998 (data protection before May 2018)]

Telecoms group  |  Telecoms  |  2001 to 2002  |  England and Wales, EU  |  Also: Commercial contracts

Website terms, privacy policy and data protection advice for a ferry operator

Advised a ferry operator on its internet presence, including website and advertising terms and conditions, privacy and data protection policies covering transfers of data outside the EEA, linking and embedding agreements, contract clauses for internet partners, consent wording for monitoring ticket abuse and fraud, and the issues of directing an English-language site at French consumers. [Data Protection Act 1998 (data protection before May 2018)]

Ferry operator  |  Travel and leisure  |  2001 to 2003  |  England and Wales, France  |  Also: IT and software, Commercial contracts

Terms and legal opinion for a travel retailer's sports-contingent refund promotion

Advised a golf holiday retailer on terms and conditions for a promotion under which customers would receive a full refund of their holiday as a credit note for a future booking if a named golfer won a professional tournament, and on a related legal opinion. [Gambling Act 2005, s.9 (betting)]

Established golf holiday retailer  |  Travel and leisure  |  2025  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advertising compliance advice on promotion of a sweepstake service to fantasy football users

Advised a national newspaper publisher on the advertising compliance of its promotion of a third-party sweepstake service, including alternative calls to action, the landing pages and whether contextual placement alone met ASA guidance on targeting age-restricted advertising. In follow-up advice, confirmed that a revised understanding of the contractual arrangements did not change the conclusion. [Gambling Act 2005, s.14 (lottery, including the skill test in s.14(5)), ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

National newspaper publisher  |  Media and broadcasting  |  2024  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Marketing restrictions under a football league agreement and poster clearance

Advised a drinks company in 2018 on the marketing restrictions it accepted under an agreement with a football league, including food and drink advertising rules for under-16s and family areas, and cleared a retail poster campaign, advising that a price roundel was not misleading in law. [CAP and BCAP Codes (advertising rules, including gambling and lotteries); Consumer Protection from Unfair Trading Regulations 2008 (unfair commercial practices)]

International drinks group's UK arm  |  Food and drink  |  2018  |  England and Wales  |  Also: Sports, Consumer law

Challenging competitors' advertising claims for juicers and blenders, including an ASA complaint

Acted for the UK trading company of an Australian small kitchen appliance group in challenging rivals' advertising claims about juicers and blenders. Advised on the options (ASA complaint, comparative advertising, misleading advertising rules), drafted letters testing the substantiation of the claims as a precursor to a regulatory complaint, and dealt with a complaint to the ASA. [CAP and BCAP Codes (advertising rules, including gambling and lotteries); Consumer Protection from Unfair Trading Regulations 2008 (unfair commercial practices); Business Protection from Misleading Marketing Regulations 2008 (comparative and misleading advertising)]

UK trading company of an Australian small kitchen appliance group  |  Consumer goods  |  2014  |  England and Wales  |  Also: Consumer law

Gambling advertising and sponsorship regulation advice to a football club

Advised a professional football club on gambling advertising and sponsorship regulation, including the effect of a proposed Bill requiring offshore operators to hold a Gambling Commission licence, and whether promotional items handed to supporters could be said to appeal to under-18s under the advertising rules. Concluded that the latter was defensible. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling); Gambling (Licensing and Advertising) Act 2014 (point of consumption licensing); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

English professional football club  |  Sport  |  2014 to 2021  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Sports

Advice on the legality of advertising e-cigarettes in France and Germany

Advised a US online advertising exchange on whether advertising electronic cigarettes in France and Germany was lawful, taking advice from local counsel in each country. The advice was unfavourable for Germany, where case law treats e-cigarettes as medicinal products needing prior authorisation, with risk of regulatory orders and competitor injunctions.

US online advertising exchange  |  Technology and software  |  2011  |  France, Germany  |  Also: Consumer law

Guidance on London 2012 Olympic marketing for a newspaper publisher

Advised a national newspaper publisher on the London 2012 Olympic Games, producing written guidance on Olympic marketing restrictions and considering a proposed Olympic fantasy game and advertising from betting operators around the Games. [Gambling Act 2005, ss.327-328 (advertising of gambling); London Olympic Games and Paralympic Games Act 2006, Sch.4 (London Olympics association right)]

National newspaper publisher  |  Media and broadcasting  |  2011  |  England and Wales  |  Also: Sports, Gambling regulation: advice and opinions

Television advertising clearance for an online casino brand

Advised a US casino and entertainment group's online division on the clearance of television commercials for its UK online casino brand, working through script drafts, including a free play version, and the television clearance body's feedback on them ahead of a spring television campaign. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Online gaming division of a US casino and entertainment group  |  Online gambling  |  2011 to 2013  |  England and Wales  |  Also: Gambling regulation: advice and opinions

ASA investigation into a bingo jackpot promotion alleged to mislead on prize

Represented an online gambling operator in an Advertising Standards Authority investigation of a television and online bingo jackpot promotion, following a complaint that it misled on the prize available. Obtained an extension, drafted the response and liaised with the ASA and the television advertising clearance body. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Listed online gambling group  |  Online gambling  |  2010  |  United Kingdom  |  Also: Gambling regulation: advice and opinions

Advertising compliance advice and ASA investigations on online casino television campaigns

Advised an online gambling group on advertising compliance for television and online casino campaigns, including a free spins promotion and a promotion to be broadcast in Northern Ireland. Responded to Advertising Standards Authority investigations into the group's television advertising and prepared correspondence with the ASA. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Listed online gambling group  |  Online gambling  |  2010 to 2011  |  United Kingdom  |  Also: Gambling regulation: advice and opinions

Obtaining a Google AdWords account permitting gambling advertising

Advised an online marketing business on the quickest and cheapest way to open a Google AdWords account permitting gambling advertisements. Reviewed Google's gambling advertiser application categories and queried whether the client should apply as an aggregator rather than as an affiliate. [Gambling Act 2005, ss.327-328 (advertising of gambling)]

Gambling affiliate and online marketing company in the UK  |  Online gambling  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Television advertising clearance for an online scratchcard and bingo brand

Advised an online gaming operator on broadcast clearance of a television commercial for its scratchcard brand, cleared only for transmission after 21.00, and on the argument to put to the advertising clearance body that the advertisement should be treated as a bingo advertisement, relying on the brand's advertised trade mark application and EU free movement principles. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Online gaming operator with a Maltese gaming licence  |  Online gambling  |  2010  |  England and Wales  |  Also: Gambling regulation: advice and opinions

ASA complaint and threatened passing off claim over rugby-related beer advertising

Acted for a brewer in an Advertising Standards Authority complaint brought by a national sports governing body over advertising alluding to an international rugby tournament, and in the related passing off threat made by that body's solicitors. Prepared the submissions to the ASA, arguing that non-sponsor advertising around a sporting event was legitimate. [CAP and BCAP Codes (advertising rules, including gambling and lotteries); Passing off (common law)]

Brewer  |  Food and drink  |  2009  |  England and Wales, United Kingdom  |  Also: Passing off and brands, Sports

Advice on advertising gambling to Northern Ireland viewers of a betting TV channel

Advised the operator of a gambling television channel on whether it could be broadcast in Northern Ireland, given the restrictions on advertising foreign gaming under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985. Gave a written opinion and a supplemental note, and answered follow-up questions on EPG logos, penalties and enforcement risk.

Television channel service of an online betting exchange group  |  Online gambling  |  2009  |  Northern Ireland, United Kingdom  |  Also: Gambling regulation: advice and opinions, Media, broadcasting and entertainment

Misleading comparative advertising and trade mark use by a reseller

Acted for a technology brand owner against a reseller whose email advertising used its name and trade marks in an unfair and misleading comparative advertisement. Sent a letter before action, obtained the reseller's apology and confirmation that the advert was unapproved, and advised on a response reserving the client's rights and requiring prior approval of future advertising. [Business Protection from Misleading Marketing Regulations 2008 (comparative and misleading advertising); Trade Marks Act 1994, s.10 (infringement)]

Technology brand owner  |  Consumer goods  |  2009  |  England and Wales  |  Also: Trade marks

Response to a competitor's complaint about a comparative advertisement

Advised a manufacturer of performance hose products on a competitor's complaint about a comparative advertisement, preparing a letter to the competitor's solicitors and advising on four options after demands for an undertaking not to repeat the advertisement and for an agreed statement. The client chose to send no further response. [Business Protection from Misleading Marketing Regulations 2008 (comparative and misleading advertising)]

Manufacturer of performance hose products  |  Automotive and transport  |  2008  |  England and Wales  |  Also: Commercial litigation

Advertising clearance of gambling banner ads, price comparisons and a customer mailshot

Advised a financial brokerage group's betting and casino businesses on advertising compliance, including three banner advertisements reviewed against the non-broadcast CAP Code, a comparative price promotion for spread betting, and an email mailshot reviewed against the ASA codes, the industry social responsibility code and data protection. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries); Data Protection Act 1998 (data protection before May 2018); Privacy and Electronic Communications Regulations 2003, reg.22 (electronic direct marketing)]

Betting and casino businesses within an international financial brokerage group  |  Online gambling  |  2007 to 2008  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Data protection

Advertising clearance of packaging claims for a new hair dryer and a competitor approach

Advised a consumer appliance supplier on the compliance of packaging claims for a new hair dryer and capsule product, including clinical test results, testimonials and ingredient claims, and on BACC clearance. Also advised against disclosing trade secrets in a proposed meeting with a competitor alleged to be disparaging the product. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Consumer personal-care appliance supplier  |  Consumer goods  |  2007  |  England and Wales  |  Also: Consumer law

Advice on advertising, marketing and promotions for an electronic money voucher provider

Advised an electronic money voucher provider on the legal rules on its advertising and marketing, producing summary and detailed written advice. Reviewed its promotions, which raised both gambling and financial promotions issues, and answered questions on merchant-branded cards. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Electronic money voucher provider regulated by the FSA  |  Financial services and trading  |  2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Northern Ireland legal clearance of television advertising scripts for an online poker operator

Advised an online poker operator on whether television advertising scripts could be broadcast in Northern Ireland, where the clearance body required a lawyer's opinion. Applied the prohibition on inviting persons to subscribe money, flagging references to deposits and dollar amounts and passing a free-entry script. Earlier advised in 2007 on Northern Ireland and the watershed. [CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Overseas online poker operator  |  Poker  |  2007 to 2008  |  Northern Ireland, England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on UK advertising and promotion of an overseas online poker operator

Advised an overseas online poker operator on advertising and promoting its brand in the UK in light of DCMS guidance, including a film-linked promotional campaign, sports sponsorship and television advertising. Prepared an approach to the broadcast advertising clearance body based on earlier ASA and clearance decisions, to point out inconsistencies. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Overseas online poker operator  |  Poker  |  2006 to 2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on advertising and in-venue promotion of online gambling under s.42 of the Gaming Act 1968

Advised an online gambling operator on the advertising restrictions in s.42 of the Gaming Act 1968 for a joint poster promotion with a mobile phone retailer and for a new mobile gaming product. Also advised on whether terminals at a sporting event could be used for free play or account sign-up under the Gambling Act 2005. [Gambling Act 2005, ss.327-328 (advertising of gambling); Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions)]

Listed online gambling group  |  Online gambling  |  2006 to 2007  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on lawfulness of 'child safe' and 'lead free' claims for plasma displays

Advised a Japanese consumer electronics group on the lawfulness of marketing claims for its plasma displays: whether a 'child safe' description was permissible under the Trade Descriptions Act 1968 and Sale of Goods Act 1979 (recommending a more cautious wording), and whether a 'lead free' environmental claim was acceptable under the Green Claims Code.

Japanese consumer electronics group  |  Consumer goods  |  2006  |  England and Wales, EU  |  Also: Consumer law

Advice on whether adverts breached rules on sexual imagery in gambling advertising

Advised the advertising manager of a magazine publisher's gambling division on whether two adverts contravened the rules against using sexual imagery to sell gambling. The adverts had already run, and the preliminary view given was that they did not. [Gambling Act 2005, ss.327-328 (advertising of gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Magazine publisher with a gambling media division  |  Publishing  |  2006  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice to a magazine publisher on gambling advertising under the Gambling Act 2005

Advised a magazine publisher on the legal limits of gambling advertising in its titles under the Gambling Act 2005 and the CAP Code. Produced general advice for advertisers, advised on advertising a pay-to-enter poker tournament and on foreign casino advertising, and commented on internal guidance on gaming adverts. [Gambling Act 2005, s.6 (gaming and games of chance; skill and chance), ss.327-328 (advertising of gambling), s.331 (advertising of foreign gambling); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Magazine publisher  |  Publishing  |  2006 to 2007  |  United Kingdom  |  Also: Gambling regulation: advice and opinions

Challenge to a competitor's comparative advertising claims for a heel dressing

Acted for a medical devices group in a challenge to a competitor's comparative advertising claims for a heel dressing, which the client said were not supported by references. Drafted the challenge letters and undertakings, and then the correspondence with the competitor's solicitors after they responded.

International medical devices group (wound management)  |  Medical devices  |  2006 to 2007  |  England and Wales  |  Also: Commercial litigation

Challenge to a competitor's promotional literature for wound care products

Acted for a medical devices group in a challenge to a competitor's promotional literature for wound care products. Drafted a letter and undertakings to press for a response, advised on the risk of an unjustified threats claim over the trade mark allegation, and handled the reply from the competitor's solicitors. [Trade Marks Act 1994, ss.21-21F (unjustified threats)]

International medical devices group (wound management)  |  Medical devices  |  2006 to 2007  |  England and Wales  |  Also: Trade marks, Commercial litigation

Challenge to competitor's disparaging marketing claims about a wound dressing

Advised a medical devices group on a challenge to a competitor's marketing material making adverse claims about its silver wound dressing. Drafted the letter before action and proposed undertakings, worked through the scientific references with the client's technical staff, and advised on English law on unjustified threats of trade mark infringement. [Trade Marks Act 1994, ss.21-21F (unjustified threats)]

International medical devices group (wound management)  |  Medical devices  |  2005 to 2006  |  England and Wales  |  Also: Trade marks, Commercial litigation

Options for action against a competitor's comparative advertising of a wound dressing

Advised a medical devices group on options for legal action against a competitor over comparative advertising of its wound dressing, covering unfair competition, misleading advertising and Community trade mark infringement. Analysed the position under English law, including s.10 of the Trade Marks Act 1994 and the Community trade mark regime, and obtained an opinion under German law. [Trade Marks Act 1994, s.10 (infringement); Community and EU Trade Mark Regulation (Community and EU trade marks: filing, opposition, revocation and invalidity)]

International medical devices group (wound management)  |  Medical devices  |  2005 to 2006  |  England and Wales, Germany  |  Also: Trade marks

UK regulatory advice for launching diet and food supplement products

Advised an Italian direct marketing company on entering the UK market with diet and food supplement products. Covered classification as food or food supplement rather than medicine (MHRA and Food Standards Agency), labelling, marketing claims, manufacturer identification in the EU and parallel importation. Written advice and annexes were delivered.

Italian direct marketing company selling diet and food supplement products  |  Consumer goods  |  2005 to 2006  |  England and Wales, EU  |  Also: Consumer law

Advertising clearance and Advertising Standards Authority complaints for an online casino

Advised an internet casino operator on the clearance of its press, poster and bus advertising, including amended advertisements and inserts, and handled Advertising Standards Authority complaints in 2002 and 2003. [Gaming Act 1968 (gaming, gaming machines and s.42 advertising restrictions); CAP and BCAP Codes (advertising rules, including gambling and lotteries)]

Internet casino operator  |  Online gambling  |  2002 to 2003  |  England and Wales  |  Also: Gambling regulation: advice and opinions

Advice on establishing a UK subsidiary, UK employees and consumer terms

Advised an overseas mobile games group on establishing a UK presence: forming a UK subsidiary, employing staff at a prospective UK site (background checks, documentation, PAYE and statutory leave entitlements, with a memorandum on employment rights), and whether substituting the UK subsidiary in its consumer terms risked unfairness under the Consumer Rights Act 2015. [Consumer Rights Act 2015, Pt 2 (unfair terms in consumer contracts)]

Israeli-headquartered mobile games group with a UK subsidiary  |  Video games and esports  |  2024 to 2025  |  England and Wales  |  Also: Corporate, M&A and due diligence, Other

Review of website terms and conditions and personalised product wording for a memorabilia retailer

Advised a sports memorabilia retailer on review of the terms and conditions for its consumer and auction websites, including its refund and privacy policies. Drafted wording for personalised products by which customers consent to the use of their names and waive moral rights. [Consumer Rights Act 2015, Pt 2 (unfair terms in consumer contracts); Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (distance selling and cancellation); Copyright, Designs and Patents Act 1988, ss.77-85 (moral rights); UK GDPR and Data Protection Act 2018 (data protection)]

Sports memorabilia retailer  |  Retail and fashion  |  2023  |  England and Wales  |  Also: Commercial contracts, Data protection

Ten year customer warranty scheme for a paint and coatings manufacturer

Advised a manufacturer of paint and fire protection products on a ten year customer warranty scheme operating by online registration, covering peeling and flaking. The work covered drafting the warranty terms and exclusions, advising on enforceability and liability, whether the scheme might amount to insurance, and how to describe it to consumers and business customers through resellers. [Consumer Rights Act 2015, Pt 2 (unfair terms in consumer contracts); Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

Manufacturer of paint and fire protection products  |  Engineering and manufacturing  |  2022 to 2025  |  England and Wales  |  Also: Commercial contracts

Food labelling advice on a reduced sugar drink and allergen rules

Advised a drinks company on food labelling, including whether a lower sugar product could be sold in existing cans stating the old sugar content so it could claim non-HFSS status, and a note on Natasha's Law allergen labelling. [Food Information Regulations 2014 (food and drink labelling)]

International drinks group's UK arm  |  Food and drink  |  2021 to 2022  |  England and Wales  |  Also: Advertising and marketing

UK regulatory, packaging and safety requirements for an imported energy drink

Advised a drinks distributor on the UK regulatory, packaging and health and safety requirements for selling and distributing an imported energy drink, with later related advice on selling a beer brand in the UK and on the industry alcohol marketing advisory service. [Food Information Regulations 2014 (food and drink labelling)]

Drinks distributor and brand owner  |  Food and drink  |  2015  |  England and Wales, EU  |  Also: Advertising and marketing

Advice on refund claims after cancellation of a music festival day

Advised a live music promoter on its exposure to ticket-holder claims after a festival day was cancelled. Analysed the promoter's contract with a ticket agent, the agent's terms on refunds and fees, and the position of insurers, to prioritise the largest group of potential claims.

Live music promoter and festival operator  |  Music and entertainment  |  2012  |  England and Wales  |  Also: Commercial contracts

Advice to a Ukrainian law firm on UK product labelling responsibility and offences

Advised a Ukrainian law firm on responsibility for the labelling of a spirit product sold in the UK. Explained the offences and maximum fines under the Food Labelling Regulations 1996, how enforcement officers decide whether to prosecute, and the effect of an importer agreement allocating labelling responsibility. The advice followed discussions with the Food Standards Agency.

Ukrainian law firm acting for a spirits producer  |  Food and drink  |  2010  |  England and Wales  |  Also: Other

Advice on pricing practices under the Consumer Protection from Unfair Trading Regulations 2008

Advised a chocolate manufacturer on the impact of the Consumer Protection from Unfair Trading Regulations 2008 on promotional pricing, including how long a raised price must be maintained after a promotion and the position on multibuy offers. [Consumer Protection from Unfair Trading Regulations 2008 (unfair commercial practices)]

Chocolate manufacturer  |  Food and drink  |  2008  |  England and Wales  |  Also: Advertising and marketing

UK advice on a '15 per cent free' promotional sticker on an unchanged pack

Advised a German food producer, instructed through its German lawyers, on a second promotion adding 15 per cent free product to a pack still marked with its standard weight, and whether the promotional sticker should state the increased total weight, under the Weights and Measures Act 1985. Delivered written advice and discussed the degree of risk.

German meat and sausage producer  |  Food and drink  |  2007 to 2008  |  England and Wales  |  Also: Advertising and marketing

UK weights and measures advice on an extra-product promotion with unchanged pack label

Advised a German food producer, instructed through its German lawyers, on whether a four-week consumer promotion adding two extra sticks of product to a pack still marked with its standard weight would breach UK law on indications of quantity under s.29 of the Weights and Measures Act 1985. Delivered written advice.

German meat and sausage producer  |  Food and drink  |  2007  |  England and Wales  |  Also: Advertising and marketing

Cosmetics labelling and marketing compliance advice for a skincare distributor

Advised the UK distributor of a US skincare range on compliance of product labels, packaging, leaflets and marketing materials with cosmetics regulation, including the borderline with medicinal claims, product classification, a Greek classification query and the procedure to keep an ingredient confidential as a trade secret. [Cosmetic Products Regulation (EC) 1223/2009 and Human Medicines Regulations 2012 (cosmetic or medicinal product classification)]

UK distributor of a US skincare range  |  Consumer goods  |  2006 to 2007  |  England and Wales, EU  |  Also: Advertising and marketing

UK cosmetic product regulation for a US teeth whitening business entering the UK

Advised a US business marketing a teeth whitening system and related oral care products on the UK regulatory requirements for placing new products on the market, in particular cosmetic product regulation. [Cosmetic Products Regulation (EC) 1223/2009 and Human Medicines Regulations 2012 (cosmetic or medicinal product classification)]

Teeth whitening and oral care products business based in the US  |  Consumer goods  |  2006  |  England and Wales  |  Also: Advertising and marketing

EU wine labelling checklist and label sign-off for Australian and New Zealand wines

Advised an Australasian drinks group on EU labelling requirements for wine exported from Australia and New Zealand. Prepared and updated an EU labelling checklist, covering points such as allergen declarations and label language, and advised on the review of individual labels before export.

Australasian drinks group  |  Food and drink  |  2005 to 2006  |  England and Wales, EU  |  Also: Commercial contracts

Food labelling and packaging compliance advice for confectionery products

Advised a chocolate manufacturer on UK food labelling and packaging compliance for new products. Reviewed the labelling of a new product against the Food Labelling Regulations, commented on nutritional information and carried out a limited trade mark search on the proposed product name.

Chocolate manufacturer  |  Food and drink  |  2004 to 2006  |  England and Wales  |  Also: Trade marks

TV channel operator's dispute with its EPG and satellite platform provider

Advised a television channel operator on its dispute with the media group that supplied its electronic programme guide slot, satellite services and offices, following a settlement agreement, termination and removal of its channel after an advertising standards issue over third party programming. Also considered a potential claim against its advertising sales representative.

UK television channel operator, subsidiary of a US-quoted group  |  Media and broadcasting  |  2007  |  England and Wales  |  Also: Commercial contracts, Commercial litigation

Sponsorship, television and website agreements for an online poker brand

Acted for the marketing arm of an online poker group on commercial agreements supporting its brand, including a title sponsorship and television production agreement with a sports promoter for poker events, other event sponsorship letters, a production agreement and a website development agreement. Reviewed the counterparty's draft, negotiated amendments and finalised the contracts.

Marketing arm of an online poker group  |  Poker  |  2004 to 2005  |  England and Wales  |  Also: Sports, Commercial contracts

Main shirt sponsorship agreement for a football club

Advised a professional football club on its main shirt sponsorship agreement, including the fee and performance bonus provisions and the allocation of VAT risk between club and sponsor.

English professional football club  |  Sport  |  2018  |  England and Wales  |  Also: Commercial contracts, Advertising and marketing

Second shirt sponsorship agreement for a football club, including warranties and indemnities

Advised a professional football club on a second shirt sponsorship agreement with a commercial sponsor, working on successive drafts and on the warranties and indemnities in the agreement.

Professional football club  |  Sport  |  2015  |  England and Wales  |  Also: Commercial contracts

Gambling advertising risk in a club sponsorship agreement with a betting operator

Advised a football club on gambling advertising regulatory risk arising from its sponsorship agreement with a betting operator, in particular use of the operator's name and logo where it ran separate .co.uk and .com websites. Advised that geoblocking UK users from the .com site would strengthen the argument that no regulatory action was warranted. [Gambling Act 2005, ss.327-328 (advertising of gambling), s.330 (unlawful gambling advertising), s.331 (advertising of foreign gambling)]

English professional football club  |  Sport  |  2013  |  England and Wales  |  Also: Gambling regulation: advice and opinions, Advertising and marketing

Defence of a defamation claim over an email sent by a recruitment business

Defended a recruitment business against a defamation claim by another company arising from an email sent to about 15 recipients. Handled the correspondence with the other side's solicitors, in which the client agreed to publish a corrective statement and gave signed undertakings.

Recruitment business  |  Professional services  |  2011  |  England and Wales

Advice on a commercial agreement between pharmaceutical companies

Advised a pharmaceutical business on a commercial agreement with another pharmaceutical company. Reviewed and marked up the draft agreement, clarified the allocation of responsibilities, addressed risk and liability and made some endeavours obligations core obligations.

Pharmaceutical business  |  Pharmaceuticals and healthcare  |  2025  |  England and Wales

Commercial advice and community interest company set-up for a coaching business

Advised a product management coaching business on commercial, data, IP and structural questions, beginning in 2025 with a high-level view on setting up an associated community interest company and a review of a volunteering agreement.

Product management coaching and training business  |  Professional services  |  2025  |  England and Wales  |  Also: Other

Event management services agreement and subcontractor NDA for a consultancy

Advised an owner-managed event management consultancy on its contracts, including a standard event management services agreement and, in 2025, the review and amendment of a subcontractor non-disclosure agreement to align with that agreement and with a customer contract. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Owner-managed event management consultancy  |  Other  |  2025  |  England and Wales  |  Also: Confidential information and trade secrets

Management services agreement documenting arrangements between related businesses in a family-run group

Advised a group of accountancy and audit firms on a management services agreement documenting the arrangements between related businesses in a family-run group, where different business lines operate within the same business and share access to bank accounts.

Group of accountancy and statutory audit firms  |  Professional services  |  2025 to 2026  |  England and Wales  |  Also: Corporate, M&A and due diligence

Short services agreement for rendering suppliers of an online retailer

Drafted a short, plain-language agreement for an online furniture retailer to use with suppliers carrying out rendering work for its quote cards. Replaced a client draft with a simpler, broadly fair form, which the client approved as ready to issue in 2025.

Online furniture retailer  |  Retail and fashion  |  2025  |  England and Wales

Review of a larger customer's standard supply terms for a small equipment supplier

Advised a small supplier of audio equipment on a review of the standard supply terms proposed by a much larger customer. Reported the principal red flags, including an uncapped indemnity extending to the customer's end-users, an undefined end-user warranty and an unbalanced overall allocation of risk, with suggested fixes in margin comments.

Small UK supplier of audio equipment  |  Other  |  2024  |  England and Wales

Review of a research agency's terms and conditions for a professional body

Advised a body representing chartered accountancy institutes on a research agency's standard terms and conditions, identifying red flags and essential changes, after the body appointed the agency to run the first stage of a global study of AI and the profession.

International membership body for chartered accountancy institutes  |  Professional services  |  2024  |  England and Wales

Review of an English law hotel franchise agreement for a French operator

Advised a French hospitality operator on a draft franchise agreement for a hotel in France, drafted in English and governed by English law, with a major international hotel group as franchisor. The work was a first-phase review identifying clauses to reject, to amend and to add.

Hospitality and resort operator based in France  |  Travel and leisure  |  2024  |  England and Wales, France  |  Also: IP licensing and commercial IP

Services contract, occupancy licence and secondment agreements for an accountancy umbrella body

Acted for an umbrella organisation of accountancy bodies on formalising informal arrangements with its sponsoring institute. Reviewed and advised on a services contract, an occupancy licence and secondment agreements.

Umbrella organisation for accountancy bodies, closely linked to a professional institute  |  Professional services  |  2024  |  England and Wales  |  Also: Other

Advice on an introducer agreement and entitlement to an introduction fee

Advised an individual who introduces commercial transactions for a fee on extending his introducer agreement with his client, and on whether a counterparty's written acknowledgement of his introduction gave him an enforceable right to a fee. Advised that the acknowledgement was an unenforceable agreement to agree pending a fee letter. The extended agreement was later signed.

Private individual working as a commercial introducer and consultant  |  Professional services  |  2023  |  England and Wales

Negotiation of an NHS England G-Cloud call-off contract and opinion on termination and clawback

Advised a healthcare analytics supplier on a G-Cloud call-off contract with NHS England, including special terms in the order form such as limits on termination and change of control. Gave a written opinion on NHS England's ability to terminate early and claw back payments, and began review of a second, time and materials, NHS contract.

Healthcare data analytics supplier to the NHS  |  Pharmaceuticals and healthcare  |  2023  |  England and Wales  |  Also: IT and software

Platform terms and master services agreement for a logistics marketplace

Advised a start-up operator of a logistics services platform on replacing its master services agreement and website terms with a modular suite of platform terms for visitors, logistics providers and service recipients.

Start-up operator of a logistics services platform  |  Technology and software  |  2023 to 2024  |  England and Wales  |  Also: IT and software

Review of a UK real estate project management services agreement

Advised a US-listed background screening company on a UK real estate project management services agreement for managing exits from office locations. Reviewed the supplier's standard terms of business and marked up onerous provisions in comments for the client's procurement officer.

US-listed background screening company  |  Professional services  |  2023  |  UK

Reviewing a design consultant's proposed services agreement and intellectual property terms

Advised a restaurant group on the terms of a proposed design services agreement and statement of works put forward by a design consultant. Commented on the extra-costs, disbursement, commission and interest provisions and on the central intellectual property point, including ownership or licensing of the resulting designs, in 2023. [Copyright, Designs and Patents Act 1988, ss.9-11 (authorship and ownership), ss.90-92 (assignment and licences)]

Restaurant group  |  Food and drink  |  2023  |  England and Wales  |  Also: IP licensing and commercial IP

UK law review of a pharmaceutical supply agreement for a Canadian supplier

Advised, as UK counsel, a Canadian supplier on a UK law sense-check of its supply agreement with two companies of a pharmaceutical group. Tracked-change comments covered a non-delivery fee and the penalty rule, a carve-out from the exclusion clause for death, personal injury and fraud, and corrections to the supplier's name and execution block. [Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

Canadian supplier to pharmaceutical companies  |  Pharmaceuticals and healthcare  |  2023  |  England and Wales, Canada

Documenting agreed amendments to joint venture and service agreements

Advised a cannabis medicines group on how to document commercially agreed changes to its joint venture and service agreements with its partner. Recommended amended and restated agreements, rather than a list-of-changes side letter, and a prior confirmation of the principles before drafting.

UK cannabis medicines and pharmaceutical group  |  Pharmaceuticals and healthcare  |  2022  |  England and Wales  |  Also: IP licensing and commercial IP

Drafting of a master services agreement and review of customer contracts for a creative agency

Advised a creative agency on its standard master services (framework) agreement and on contracts proposed by its customers. Reviewed a customer's draft and advised on a liquidated damages clause, cancellation fee cap, late payment fees and third party cost provisions.

London creative agency  |  Professional services  |  2022  |  England and Wales

Manufacturing and exclusivity agreement for a vegan burger restaurant business

Advised an early-stage vegan burger restaurant business on arrangements for sourcing its plant-based burger from a manufacturer. Reviewed a draft exclusivity document, advised that a full manufacturing agreement was needed (price, specification, quality control, allergen labelling, recall), worked on that agreement and considered an alternative manufacturer. Also raised food labelling and naming questions. [Food Information Regulations 2014 (food and drink labelling)]

Early-stage vegan burger restaurant business  |  Food and drink  |  2022  |  England and Wales  |  Also: Consumer law

Ongoing review and negotiation of master services and framework agreements for a creative agency

Advised a London creative agency on a continuing series of master services and framework agreements with its own customers. Points covered included mutual liability caps with payment obligations excluded, TUPE provisions, the territory and media scope of rights, audit costs and insurance.

London creative agency  |  Professional services  |  2022 to 2024  |  England and Wales  |  Also: IP licensing and commercial IP

Review and negotiation of airport ATM and retail services contracts for a foreign exchange group

Advised a foreign exchange and bureau de change business on the review and negotiation of services contracts, including an ATM services agreement at a UK airport, comparing the counterparty's comments against the client's amendments and settling a revised contract for signature.

International foreign exchange and bureau de change business  |  Financial services and trading  |  2022  |  England and Wales

Review of a partner programme agreement with a major e-commerce platform

Advised an e-commerce technology company on a partner programme agreement with a major e-commerce platform provider, carrying out a red flag review and providing written advice on the terms.

E-commerce technology company  |  Technology and software  |  2022 to 2023  |  England and Wales  |  Also: IT and software

UK law review of a supply agreement for a Canadian company

Advised, as UK counsel, a Canadian company on a draft supply agreement, reviewing the notes to draft flagged for UK counsel and any inconsistencies or issues from a UK law perspective. The review did not extend to the commercial terms.

Canadian company supplying products under supply agreements to commercial customers  |  Pharmaceuticals and healthcare  |  2022  |  England and Wales, Canada

Website, booking and privacy terms and agent agreement for a start-up business

Drafted website terms of use, booking terms, a privacy policy and a cookie policy for a start-up London business, and flagged its need to register with the Information Commissioner. Also began work on an agent agreement for importing equipment from a Polish manufacturer, later overtaken by an offer of exclusive UK distribution rights. [Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (distance selling and cancellation); UK GDPR and Data Protection Act 2018 (data protection)]

Start-up London consumer services business importing treatment equipment  |  Other  |  2022  |  England and Wales  |  Also: Data protection

Distribution agreement with an overseas principal, including insurance and banking points

Advised a trading company on a distribution agreement under which it distributed an overseas principal's products. Marked up the agreement for the client, and advised on insurance to back the principal's indemnities (including an IP indemnity) and on whether the client could provide UK banking services to the principal.

Commercial trading and distribution company  |  Other  |  2021  |  England and Wales  |  Also: IP licensing and commercial IP

Distribution, marketplace supply and fulfilment agreements for a consumer products business

Advised a consumer products business on a series of commercial agreements, including distribution agreements, a consignment and resale agreement for supply to an online marketplace, a fulfilment agreement with an insurance clause, a manufacturing supply agreement and media buying terms. Work comprised drafting, mark-ups and negotiation points.

Consumer products business  |  Consumer goods  |  2021 to 2022  |  England and Wales  |  Also: Advertising and marketing

Standard terms of business for recruiters and recruitment fee dispute letters

Advised a corporate group on its dealings with recruitment agencies. Drafted standard terms of business to be imposed on recruiters, rather than accepting the recruiters' own terms, and drafted letters resolving a dispute over a recruitment fee and amending the standard terms.

Corporate group  |  Property and construction  |  2021  |  England and Wales

Game publishing framework agreement for a games publisher

Drafted a framework game publishing agreement and a per-game work statement for a games publisher, to be used with independent game developers. Terms requested by the client included exclusivity by game, inspection rights, termination rights, a non-compete, confidentiality and a governing jurisdiction clause.

Games publisher  |  Video games and esports  |  2018  |  Also: IP licensing and commercial IP

Advice on a tripartite deed of novation of a gaming agreement

Advised on a draft tripartite deed of novation of a commercial agreement in which a US casino group was the consenting counterparty, confirming that the document worked under English law, explaining why it took the form of a deed and why consent was needed to transfer burdens, and flagging doubt over its New Jersey governing-law clause.

Gaming industry business party to an agreement with a US casino group  |  Other  |  2016  |  England and Wales, United States  |  Also: Gambling: commercial agreements

Advice on supplier-proposed indemnity amendments to standard conditions of purchase

Advised a UK subsidiary of an international group on the exposure it would face by accepting either of two amended indemnity clauses proposed by a supplier, compared with its standard indemnity clause in its conditions of purchase.

UK subsidiary of an international group of companies  |  Engineering and manufacturing  |  2016  |  England and Wales

Drafting a sales agent agreement for European markets

Drafted and revised a form of sales agent agreement for the UK arm of an international furniture group, through successive versions between 2015 and 2016. The work also concerned the client's European markets, including France and Spain. [Commercial Agents (Council Directive) Regulations 1993, reg.17 (termination payments to commercial agents)]

UK arm of an international modern furniture design and manufacturing group  |  Consumer goods  |  2015 to 2016  |  England and Wales, France, Spain

Moving a Spanish distributor without a written agreement to agency status

Advised the UK arm of an international furniture group on how to move a Spanish distributor, with no formal written agreement, to commercial agency status. The advice was to do nothing for the time being and to revisit the question later, with Spanish law input to be considered. [Commercial Agents (Council Directive) Regulations 1993, reg.17 (termination payments to commercial agents)]

UK arm of an international modern furniture design and manufacturing group  |  Consumer goods  |  2014  |  England and Wales, Spain

Urgent review of an English law supply contract for a grain milling business

Advised a Swiss-headquartered international machinery group on a review of a customer supply contract for its grain milling business unit, converted from a Swiss law template to English law at the customer's insistence. Reviewed the warranty and liability clauses, the need for a liability cap alongside an exclusion of indirect loss, and references to English statutes. [Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

Swiss-headquartered international machinery group  |  Engineering and manufacturing  |  2014  |  England and Wales, Switzerland

Confidentiality agreement templates and standard terms of sale and purchase

Advised the UK subsidiary of an international machinery group on updating its standard documentation. Amended its English law confidentiality agreement templates (mutual and unilateral, including for use with Chinese entities), revised its general terms of sale and prepared new general terms and conditions for the purchase of goods and services. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

UK subsidiary of an international machinery group  |  Engineering and manufacturing  |  2013  |  England and Wales  |  Also: IP licensing and commercial IP

Consultancy agreement and sweat equity employment review for a small company

Advised a small online company on a services agreement and heads of terms with an individual consultant, including whether his confidentiality and non-solicitation undertakings were binding without a witness, and on an employment review for a proposed sweat equity arrangement. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Small online business-networking and direct marketing services company  |  Technology and software  |  2013  |  England and Wales  |  Also: Other

Online terms of sale, privacy policy and supplier contracts for a new UK online seller

Advised a newly formed UK online seller on its online terms of sale, privacy policy and website terms of use, and revised photography and video supply contracts to clarify ownership of intellectual property and choice of law, with changes made in both English and French. [Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (distance selling and cancellation); Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences); Data Protection Act 1998 (data protection before May 2018)]

Newly formed UK online seller  |  Food and drink  |  2013  |  England and Wales, France  |  Also: Data protection, IP licensing and commercial IP

Project to put overseas distributor and service station relationships on new agreements

Advised an international safety equipment group on a project to put its overseas distributor, agency and service station relationships on new written agreements. Drafted and negotiated distribution and service station agreements and deeds of termination for counterparties in several countries, using a questionnaire-based process.

International safety and survival equipment group  |  Engineering and manufacturing  |  2013  |  England and Wales, Norway, Netherlands, Kuwait, UAE  |  Also: IP licensing and commercial IP

Termination of commercial agency agreements with overseas agents

Advised two related marine navigation companies on terminating their commercial agency agreements with overseas agents, including notices of termination in 2013, termination letters to the agents and to customers, related reseller arrangements and a further agent termination in 2016. [Commercial Agents (Council Directive) Regulations 1993, reg.17 (termination payments to commercial agents)]

Two related UK marine navigation companies  |  Other  |  2013 to 2016  |  England and Wales  |  Also: IP licensing and commercial IP

Customer terms, supplier agreement and marketing law advice for a networking business

Advised a small online business-networking company on its customer terms of service and order confirmation, its supplier agreement, and the application of marketing law to its direct marketing service, including an opinion. Also arranged advice on Australian law relating to a related service. [Data Protection Act 1998 (data protection before May 2018); Privacy and Electronic Communications Regulations 2003, reg.22 (electronic direct marketing)]

Small online business-networking and direct marketing services company  |  Technology and software  |  2012 to 2013  |  England and Wales, Australia  |  Also: Advertising and marketing, Data protection

Finder and multi-principal agency agreement templates for an international group's UK subsidiary

Advised a UK subsidiary of an international group on a template finder agreement and a multi-principal agency framework agreement, allowing several group companies to appoint the same third-party sales agents worldwide under one document governed by English law. Reviewed and revised the templates after the client's comments.

UK subsidiary of an international group of companies  |  Engineering and manufacturing  |  2012 to 2013  |  England and Wales

General commercial contract and cross-border support for an international safety equipment group

Advised the in-house legal team of an international safety and survival equipment group on a wide range of commercial work, including terms of service and hire, a freestanding parent company guarantee for a tender, a joint venture, and an exclusivity issue in a Florida-law asset purchase referred to US counsel, and coordinated foreign counsel.

International safety and survival equipment group  |  Engineering and manufacturing  |  2012 to 2013  |  England and Wales, United States (Florida)  |  Also: Corporate, M&A and due diligence

Greek law advice on terminating a commercial relationship on three months' notice

Obtained Greek law advice, through local counsel, for a corporate group on whether Greek law imposes any minimum notice period or other sanction on terminating a commercial arrangement on three months' notice. The same questions had previously been put to Icelandic lawyers.

Corporate group  |  Other  |  2012  |  Greece

Review and negotiation of customer tender terms for offshore energy and shipping bids

Advised an international safety equipment group on customer terms attached to tenders for offshore energy and shipping contracts. Prepared headline legal reviews, tender response letters and responses to contract exceptions, securing a change to English law in one bid, and advised on hire terms and a customer's Singapore-law procurement terms.

International safety and survival equipment group  |  Engineering and manufacturing  |  2012 to 2013  |  England and Wales, Singapore

Distribution agreement and UK patent application for a fuel filtration machine

Acted for a fuel technology company on general commercial work, including review and comment on a distribution agreement with a distributor, drafting of related agreements, and a UK patent application for a fuel filtration machine. Advised against the client filing the application itself. [Patents Act 1977, ss.1-3 (patentability, novelty and inventive step)]

Fuel technology company  |  Energy, oil and gas  |  2011  |  England and Wales  |  Also: Patents

Fee dispute with a gaming group under payment services agreements

Advised a payment services provider on a dispute with a gaming group over fees and charges under a series of payment services agreements dating from 2004, reviewing the contract history and preparing a letter to the gaming group in 2010.

FSA-authorised payment services provider  |  Financial services and trading  |  2010 to 2011  |  England and Wales, Sweden  |  Also: Commercial litigation

Website terms and conditions and privacy policy for a start-up auction site

Advised a start-up online auction website operator on a full set of website terms and conditions and a privacy policy. The client wanted terms dealing with cash and credit prizes and with limits on the number of auctions a user may win. [Unfair Terms in Consumer Contracts Regulations 1999 (unfair terms in consumer contracts); Data Protection Act 1998 (data protection before May 2018)]

Start-up online auction website operator  |  Other  |  2010  |  England and Wales  |  Also: Data protection, Consumer law

Position under a poker services agreement after the counterparty entered administration

Advised an online gambling operator on its rights and options under a poker services agreement after the counterparty, a snooker club operator, entered administration. Gave written advice on options, ways forward and risks, followed by an addendum to the advice. [Insolvency Act 1986 (insolvency)]

Listed online gambling group  |  Online gambling  |  2009 to 2010  |  England and Wales  |  Also: Gambling: commercial agreements

Standard form NDA and marketing services agreements for a drinks brand owner

Drafted a short form non-disclosure agreement and a standard form marketing services agreement for a Norwegian bottled water company, for use with creative, PR and similar agencies, and advised on negotiated amendments including intellectual property warranties and limitation of liability. Also reviewed individual agency and sales promotion contracts and a pitch NDA. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Norwegian bottled water company  |  Food and drink  |  2009 to 2010  |  England and Wales  |  Also: Advertising and marketing

UK general terms of sale and works supply contract for a machinery supplier

Advised a UK machinery supplier on its general terms and conditions of sale and a works supply contract. Compared the UK terms with the group's US documents, produced revised UK general conditions for all sales values and advised on incorporating standard terms into contracts, including the battle of the forms. [Unfair Contract Terms Act 1977 (exclusion and limitation of liability)]

UK-based machinery supplier, part of an international group  |  Engineering and manufacturing  |  2009  |  England and Wales, United States

Termination and renegotiation of UK data centre colocation agreements

Advised an online gambling group on agreements with a UK colocation provider that it wished to terminate or renegotiate. Addressed the validity of an assignment, standard contract terms, agreed compensation, automatic renewal and termination notice under English law, on a short timetable.

Listed online gambling group  |  Online gambling  |  2008  |  England and Wales  |  Also: IT and software

Territorial sales restriction contract for distribution into two export markets

Advised a UK limited liability partnership on a contract to be signed by its customers restricting resale of its main product into two named foreign territories, covering the commercial terms and compliance with competition rules, and prepared the draft.

UK limited liability partnership selling a consumer product  |  Consumer goods  |  2007  |  England and Wales, Netherlands, United States

Draft promotional model agreement for an online betting and gaming brand

Drafted an agreement under which promotional models would appear for an online betting and gaming brand, covering fees for each shoot or appearance, expenses and exclusivity against competing betting and gaming businesses. The draft was sent with a note of the points for the client to decide.

Online betting and gaming brand  |  Online gambling  |  2006  |  England and Wales  |  Also: Advertising and marketing

Negotiation of amendments to a computer equipment lease

Advised a financial brokerage group on proposed amendments to a three-year computer equipment lease, including a clause allowing rentals to rise if tax allowances change, a narrowed indemnity and early termination terms. The client ended by buying the equipment outright on better terms.

International financial brokerage group  |  Financial services and trading  |  2006  |  England and Wales  |  Also: IT and software

Set-off and cost-sharing clauses in a marketing agency agreement linked to litigation

Drafted set-off and cost-sharing clauses for a consumer electronics group's contract with a marketing agency, under which the agency would bear a proportion of the client's liability in litigation brought against it and other defendants, with set-off against fees and a requirement for the agency's consent to any settlement.

Japanese consumer electronics group  |  Consumer goods  |  2006  |  England and Wales  |  Also: Advertising and marketing

Termination and payment demand under an offshore gaming services agreement

Advised a start-up online gaming business on terminating a services agreement governed by Netherlands Antilles law at its first anniversary option date, and on a demand for payment under it, including notice, default interest and set-off provisions. Advice was given on the assumption that the foreign law matched English law.

Start-up online gaming and bingo business  |  Online gambling  |  2006  |  England and Wales, Netherlands Antilles  |  Also: Gambling: commercial agreements

Binding effect of a subject to contract letter and exit from a media collaboration

Advised a promotions operator on whether a subject to contract letter of principal terms with a media company created binding obligations, concluding that it did not. After the media company withdrew, advised on a letter exchange restricting use of know-how developed under the collaboration. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Operator of premium-rate interactive prize games promoted through the media  |  Media and broadcasting  |  2005  |  England and Wales  |  Also: Media, broadcasting and entertainment

Sponsorship agreement with an events company including grant of options

Advised a financial services group on, and drafted, a sponsorship agreement with an events company. The draft tightened the events company's short standard terms and dealt with fees, the sponsorship rights in a schedule and the grant of options. The client approved it in 2005.

International inter-dealer broking and financial services group  |  Financial services and trading  |  2005  |  England and Wales  |  Also: Advertising and marketing

Website terms, competition rules and data protection for an online talent contest

Advised a start-up online singing contest website on its website terms and conditions, competition terms and privacy policy, on data protection notification for it and a related business, and on the copyright licensing needed for the public performance of songs submitted by contestants. [Copyright, Designs and Patents Act 1988, ss.90-92 (assignment and licences); Data Protection Act 1998 (data protection before May 2018)]

Start-up online singing contest website  |  Music and entertainment  |  2005 to 2006  |  England and Wales  |  Also: Data protection, Copyright

Contracts with marketing, promotions and events agencies for a confectionery brand

Advised a chocolate manufacturer on contracts with marketing service providers, including an events and sampling agency's standard terms, a sales promotion agency agreement, and sponsorship, advertising agency and confidentiality agreements. Negotiated points such as indemnities and limits on liability and marked up drafts for the client.

Chocolate manufacturer  |  Food and drink  |  2004 to 2006  |  England and Wales  |  Also: Advertising and marketing

EU labelling responsibilities and UK entity structure for imported wine

Advised an Australasian drinks group on an EU and UK wine labelling issue and on the role of its UK subsidiary as the named entity on labels. Drafted a letter to its UK distributor and to importers assigning responsibility for customer complaints and correspondence.

Australasian drinks group  |  Food and drink  |  2004 to 2005  |  England and Wales, EU  |  Also: Consumer law

Standard terms for consultancy and development services based on an existing contract

Advised the European group company of a Japanese consumer electronics group on standard terms and agreements for consultancy and development services, using an existing development contract as the model, including a shortened non-disclosure agreement and simple purchase-order terms for low-value work. [Breach of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018 (confidential information and trade secrets)]

Japanese consumer electronics group  |  Consumer goods  |  2002  |  England and Wales  |  Also: IT and software

Website and content agreements with a UK broadcaster and standard business terms

Acted for a web and content production business on its commercial contracts, including content provider and website agreements with a UK broadcaster for an election-themed website, a separate online club agreement with the broadcaster, and the client's own standard terms, client protocol and employment contract.

Web and content production business  |  Media and broadcasting  |  2001 to 2003  |  England and Wales  |  Also: Media, broadcasting and entertainment, IT and software

Defence of a publisher's compensation claim for defective magazine copies

Advised a magazine printer on a publisher customer's claim for compensation after defective copies of two magazine editions, analysing the contractual indemnity for direct loss, the distinction between direct and indirect loss, and whether free advertising given to an advertiser was a recoverable loss.

Commercial magazine printer in the UK  |  Other  |  2024  |  England and Wales  |  Also: Commercial contracts

Contract dispute over wrongful termination of an agreement by a counterparty

Acted for a corporate group in a dispute with a counterparty alleged to have wrongfully terminated an agreement, advising on the claim and drafting the group's letters to that counterparty and to its representatives.

Swiss-based group of companies  |  Online gambling  |  2022  |  England and Wales  |  Also: Commercial contracts

Court proceedings over deferred consideration claim and defence with counterclaim for a gaming company

Acted for a gaming company in court proceedings with two strands: a claim by the client for deferred consideration, and the defence of a separate claim against it, which included a counterclaim. Also gave a written view, for its auditors, on the settlement the client could reasonably have expected at its year end.

Gaming company  |  Online gambling  |  2021  |  England and Wales  |  Also: Gambling: commercial agreements

Licensor's claim for breach of a brand licence where the client was guarantor

Acted for a UK gaming company faced with a third-party licensor's solicitors' letter alleging breaches of a brand licence, under which the client was only guarantor. Advised that the primary obligor and the counterparty to a settlement agreement were bound to indemnify and settle, and redirected the licensor's solicitors to that party's lawyers.

UK public company in the online gaming sector  |  Online gambling  |  2021  |  England and Wales  |  Also: Gambling: commercial agreements

Dispute and termination agreement between a US gaming business and a UK gaming company

Acted for a US gaming business in a dispute with a UK gaming company over alleged breaches of their commercial agreement, including a remedy notice and responses to due diligence requests. Negotiated a termination agreement, signed in 2018, with conversion and cancellation of Series A preferred stock, working with US counsel.

US gaming business with a UK subsidiary  |  Online gambling  |  2018  |  England and Wales, United States  |  Also: Commercial contracts, Corporate, M&A and due diligence

Response to pre-action IP claims over an acquired retail business concept and brand

Acted for a consumer products group that had acquired a retail business, in answering a pre-action letter from solicitors for two individuals who claimed unspecified intellectual property rights in the business's concept, brand and product range and threatened an injunction. Drafted a response challenging the lack of particularity and of any registered rights. [Passing off (common law)]

UK consumer products group  |  Consumer goods  |  2015  |  England and Wales  |  Also: Passing off and brands, Corporate, M&A and due diligence

Defence of pre-action supplier claim for three units under a purchase order

Advised an engineering company on a pre-action contract claim threatened by a component supplier over three units ordered in 2009. Analysed how the contract was formed and its terms, advised on a material breach argument and responded to the supplier's solicitors, asking them to withdraw the threat of litigation.

UK engineering company  |  Engineering and manufacturing  |  2014  |  England and Wales  |  Also: Commercial contracts

UK evidence for infringement proceedings against a Chinese manufacturer in Guangdong

Assisted an Australian small kitchen appliance group in infringement proceedings it had brought in Guangdong against a Chinese manufacturer. Assembled and forwarded the UK correspondence and evidence of infringement and damage to the client's Chinese lawyers, to meet the Chinese court's evidence filing deadline in 2014.

Australian small kitchen appliance group  |  Consumer goods  |  2014  |  China, England and Wales  |  Also: Other

Termination, indemnity and domain name dispute with a former Swiss sales agent

Acted for the UK arm of an international furniture group in a dispute with its former Swiss sales agent over termination of the agency, a claim for an end-of-agency indemnity and a domain name containing the client's brand. Corresponded with the agent's London solicitors, negotiated without prejudice and concluded a settlement agreement and domain transfer in 2013. [Commercial Agents (Council Directive) Regulations 1993, reg.17 (termination payments to commercial agents)]

UK arm of an international modern furniture design and manufacturing group  |  Consumer goods  |  2013  |  England and Wales, Switzerland  |  Also: Domain names, IP licensing and commercial IP

Opinion on recovering a trade debt from a former Spanish service station

Advised an international safety equipment group on its prospects of recovering a trade debt from a former Spanish service station and distributor after termination of the agreements. Gave a formal opinion for the group's credit insurer, with Spanish law input.

International safety and survival equipment group  |  Engineering and manufacturing  |  2012 to 2013  |  England and Wales, Spain  |  Also: Commercial contracts

Defence of a media company's debt claim and an old county court claim

Advised an online gaming operator on a debt demand from a media company, which the client said related to fraudulent traffic, by seeking information before a substantive reply. In 2016 also investigated an apparently dormant County Court claim issued shortly before the limitation period expired, and a possible strike out for want of prosecution.

Online gaming operator  |  Online gambling  |  2011 to 2016  |  England and Wales

Dispute with a network services provider over charges and settlement terms

Advised an online betting and gaming group in a dispute with its network services provider over unpaid charges for services to sites in Taiwan. Gave a written opinion that the client's legal case was weak, recommended settlement, sent an offer letter and negotiated the terms of a settlement agreement providing for payment by instalments.

Online betting and gaming group  |  Online gambling  |  2010 to 2011  |  England and Wales  |  Also: Commercial contracts

Defence of a small claim by a player over account closure and jurisdiction

Defended an online gambling operator against a small claim brought in the English courts by a player of one of its white label partners after his account was closed on suspicion of fraud. Challenged jurisdiction on the basis of the Gibraltar courts clause in the user agreement, applied to strike out, instructed counsel and prepared witness statements.

Operating company of a listed online gambling group  |  Online gambling  |  2009 to 2010  |  England and Wales, Gibraltar  |  Also: Consumer law

Defence of an infringement allegation over a dress, settled by undertakings

Acted for a clothing business accused by a third party of infringement in respect of a dress, negotiating a without prejudice settlement. In exchange for information, signed undertakings and delivery up of the remaining stock, the claimant agreed a full and final release of all infringement claims. Proceedings were avoided.

Clothing business  |  Retail and fashion  |  2009  |  England and Wales  |  Also: Other

Dispute over a charity poker event sponsorship agreement and misrepresentation claims

Advised an online gambling operator on a dispute with the counterparty to a sponsorship agreement for a charity poker event, where the celebrities and the charity advertised by the client denied having agreed to be associated with it. Gave an opinion on breach and misrepresentation claims and drafted a letter before action and particulars of claim.

Listed online gambling group  |  Online gambling  |  2009  |  England and Wales  |  Also: Commercial contracts

Dispute with a UK retailer over withheld invoices and a patent licensing indemnity

Advised a Turkish consumer electronics manufacturer in a dispute with its UK retailer customer, which was withholding payment of invoices in connection with a patent licensing body's demand. Analysed the indemnity, set-off and novation issues under English law and prepared a letter before action.

Consumer electronics manufacturer based in Turkey  |  Consumer goods  |  2009  |  England and Wales  |  Also: Patents, IP licensing and commercial IP

Settlement negotiations for a government department with a counterparty's solicitors

Advised a government department in negotiating the settlement of a dispute with a counterparty. Prepared a draft settlement agreement and letters to the opposing solicitors, and advised on forestalling a threatened Freedom of Information request.

Central government department  |  Charity and public sector  |  2009  |  England and Wales  |  Also: Commercial contracts

Assessment of a claim to recover sums paid under a software development arrangement

Advised a financial brokerage group on its prospects of recovering sums paid to a software developer under a funded development arrangement recorded in largely non-binding heads of terms, analysing contract formation, the single binding term and gaps in the available proof, and reconstructing a chronology for a report to management.

International financial brokerage group  |  Financial services and trading  |  2008  |  England and Wales  |  Also: IT and software

Defence of a poker tournament organiser joined to a multi-defendant claim

Defended a poker tournament organiser joined as a defendant, with a casino operator and others, to a claim brought by individual claimants. Drafted its defence, pressed the claimants' solicitors to remove it from the proceedings or face a strike out application, and negotiated on a stay, costs and draft consent orders.

Operator of a live poker tournament series within an online poker group  |  Poker  |  2008  |  England and Wales

Letter before action and undertakings over an alleged slot game infringement

Acted for a gaming machine and slot games supplier in a dispute with another gaming business over an alleged infringement relating to its slot games. Prepared draft letters before action with screenshot appendices and draft undertakings, and advised on the approach to be taken in correspondence.

Gaming machine and slot games supplier within an international gaming technology group  |  Other  |  2008 to 2009  |  England and Wales

Recovery of mistaken payments from a media services supplier, including trust and audit rights

Acted for an online poker operator seeking recovery of money paid by mistake to a media services supplier. Advised on a trust argument for the pre-action letter, the use of contractual audit rights and forensic accountants, and a pre-action Part 36 offer, and handled correspondence with the supplier's solicitors.

International online poker operator  |  Poker  |  2008 to 2009  |  England and Wales

Claim for unpaid architects' fees against a property company

Acted for an architecture practice in recovering unpaid fees from a property company for a development project. Sent a letter before action and dealt with the other side's solicitors, who alleged poor performance, asserted that the practice owed money in return, and made a without prejudice offer to settle.

Architecture practice  |  Property and construction  |  2007 to 2008  |  England and Wales  |  Also: Commercial contracts

Payment claim by architects against a local authority after a design competition win

Advised an architecture practice on a potential claim against a local authority, in a dispute over payment for the work it carried out after winning a design competition. Analysed contract and quantum meruit routes to recovery, and drafted and settled correspondence to the authority.

London architecture practice  |  Property and construction  |  2007  |  England and Wales  |  Also: Commercial contracts

Response to a threatened claim over micro hi-fi systems and MP3 players

Advised a consumer electronics group and its Hong Kong sourcing arm on a threatened claim, notified by the claimant's Hong Kong solicitors, over micro hi-fi systems and MP3 players, including how to respond. Obtained written confirmation from the claimant's solicitors that the dispute was settled.

Consumer electronics group  |  Consumer goods  |  2007  |  England and Wales, Hong Kong

Settlement approach to the other side's solicitors on a potential claim

Acted for a health resort and leisure group in responding to a potential claim by a third party. Drafted a letter to the third party's solicitors setting out the difficulties with any claim and offering a modest sum to resolve it quickly, settled it with the client and sent it in 2006.

UK health resort and spa group  |  Travel and leisure  |  2006  |  England and Wales

Action against a seller of automated player software targeting online casinos

Acted for an online casino and poker operator against the operator of a website selling automated play and poker collusion software aimed at its sites. Advised on civil and criminal remedies, sent a letter before action seeking undertakings and contacted the seller. The collusion software and references to the client's sites were removed. [Gambling Act 2005, s.42 (cheating); Copyright, Designs and Patents Act 1988, s.3 (computer programs as literary works)]

Listed online gambling group  |  Online gambling  |  2005  |  England and Wales  |  Also: IT and software

Breach of contract and misrepresentation claims over a poker DVD

Advised a professional poker player and his poker brand company on claims for breach of contract and misrepresentation against the producer of a poker DVD, after an online poker operator was allowed to use the DVD to promote its own brand. Prepared letters before action and advised on the prospects of proceedings.

Professional poker player and his poker brand company  |  Poker  |  2005 to 2006  |  England and Wales  |  Also: Media, broadcasting and entertainment

Professional negligence claim against advisers by a poker brand company, settled

Advised a poker brand company on a professional negligence claim against a firm of professional advisers. Prepared an open letter and negotiated without prejudice, after the firm's open response referred the claim to its insurers. The claim settled with a payment to the client.

Poker brand company  |  Poker  |  2005 to 2006  |  England and Wales

Advice on stalled litigation after an unanswered Part 36 settlement offer

Advised a consumer brand group on stalled litigation in which a Part 36 offer had gone unanswered, setting out three options (improve the offer, revive the litigation to restore negotiating leverage, or do nothing and risk strike out for want of prosecution) and recommending revival.

UK consumer brand group with airline, car rental and other businesses  |  Travel and leisure  |  2001  |  England and Wales

Assessment of costs and costs appeal after a software copying action

Acted for a financial brokerage group in the detailed assessment of both sides' costs after settlement of a software copying action. Work covered preparing bills, a Court of Appeal application on costs, a hearing before the costs judge on brief fees and negotiating a costs settlement.

Public record: Costs proceedings following Cantor Fitzgerald International v Tradition (UK) Ltd [2000] RPC 95.

Inter-dealer broking and financial services group  |  Financial services and trading  |  1999 to 2003  |  England and Wales

Advice on English governing law and LCIA arbitration for a US group's contracts

Advised a US casino and entertainment group's interactive business on the effect of changing the governing law of its contracts from Nevada to English law and adding an LCIA arbitration clause. Explained differences in English contract law, the cost, privacy and procedure of LCIA arbitration, and supplied an LCIA flowchart and memorandum.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2015  |  England and Wales, United States  |  Also: Commercial contracts

Independent review of template share acquisition documents for online casino acquisitions

Advised the directors of a newly incorporated holding company, formed to acquire and invest in Curaçao-licensed online casinos, on an independent high-level review of the template share acquisition documents to be used for a series of similar acquisitions, with a view to highlighting significant clauses and protecting the directors' position.

Newly incorporated holding company investing in licensed online casinos  |  Online gambling  |  2025  |  Curaçao  |  Also: Gambling: commercial agreements

Phased legal due diligence for proposed acquisition of a UK lottery services company

Acted for an Australian online lottery group on legal due diligence for a proposed acquisition of a UK lottery services company. Handled two phases of due diligence enquiries (including an HMRC PAYE check) and the initial and master due diligence reports for the buyer.

Australian online lottery group with UK lottery management subsidiaries  |  Lotteries  |  2023  |  England and Wales

UK merger control risk assessment for a proposed lottery services acquisition

Advised an Australian online lottery group on UK merger control risk for a proposed acquisition in the lottery management sector. Covered the definition of the relevant market, the four-month period for review and the options of proceeding without notification, mitigating or approaching the CMA. Also researched market size for the analysis. [Enterprise Act 2002, Pt 3 (merger control)]

Australian online lottery group with UK lottery management subsidiaries  |  Lotteries  |  2023  |  England and Wales  |  Also: Other

Gambling due diligence and change of control for a London casino acquisition

Advised a US investment fund on a proposed bolt-on acquisition of a single London casino operator by its UK casino group. Wrote the gambling regulatory due diligence report, covering the target's policies and its relations with the Gambling Commission. The transaction was put on hold in 2022. [Gambling Act 2005, s.65 (operating licences), s.102 (change of corporate control)]

US investment fund owning a UK casino group  |  Land-based casinos  |  2022  |  England and Wales  |  Also: Gambling licensing and change of control

Preparation for a proposed AIM flotation of a gambling software group

Advised a Malta-based, Israeli-owned gambling software group on preparations for a proposed flotation on AIM, working with the group's nominated adviser, auditors and shareholders, including collating the group's licensing and software certification position by jurisdiction and its top revenue territories for the admission process.

Malta-based, Israeli-owned gambling software group  |  Online gambling  |  2022  |  England and Wales, Malta  |  Also: Gambling regulation: advice and opinions

Regulatory, IP and commercial due diligence on acquisition of a UK lottery services business

Acted for an Australian online lottery group on its acquisition of a UK lottery services business. Carried out the gambling regulatory, IP and commercial due diligence, reporting regulatory red flags, and advised on competition law, heads of terms and the first draft share purchase agreement. [Gambling Act 2005, ss.98-99 (lottery operating licences and mandatory conditions), s.257 (external lottery manager)]

Public record: Jumbo Interactive Ltd: acquisition of StarVale, announced on 27 January 2022 and completed in November 2022.

Australian online lottery group with UK lottery management subsidiaries  |  Lotteries  |  2021 to 2022  |  England and Wales  |  Also: Gambling licensing and change of control

Disposal of a branded online casino business, with IP, domain and regulatory workstreams

Acted for a UK public company in the online gaming sector on a 2018 project to transfer its branded online casino business to a purchaser group. Work covered the asset purchase and shareholder agreements, brand licence and white label documents, domain name assignments, a legal opinion, and the shareholder circular and announcement.

Public record: Gaming Realms plc: sale of 70 per cent of its UK consumer (B2C) business to River iGaming, announced on 27 June 2018.

UK public company in the online gaming sector  |  Online gambling  |  2018  |  England and Wales, Alderney  |  Also: IP licensing and commercial IP, Gambling: commercial agreements

Regulatory due diligence and legal opinions for a betting group's proposed IPO

Advised an international betting group on the regulatory side of a proposed IPO. Worked on the regulatory due diligence scope and questionnaire, the structure and agreed form of regulatory legal opinions from local counsel in several jurisdictions, and group reorganisation and change of control issues, and contributed to the draft prospectus risk factors. [Gambling Act 2005, s.102 (change of corporate control)]

International betting group  |  Betting and sports betting  |  2018  |  England and Wales, Serbia, Malta, Cyprus, Tanzania  |  Also: Gambling licensing and change of control, Gambling regulation: advice and opinions

Joint venture to develop a remote gaming platform with two technology companies

Advised a television production and entertainment group on a proposed joint venture with two technology companies to develop a remote gaming platform. Advice covered the joint venture structure and holding company, a memorandum of understanding with milestones and contributions, shareholder and corporate documents, and gambling licensing questions. [Gambling Act 2005, s.4 (remote gambling), s.65 (operating licences)]

Television production and entertainment group  |  Media and broadcasting  |  2016 to 2017  |  England and Wales  |  Also: Gambling: commercial agreements, Gambling licensing and change of control

Corporate housekeeping and share transfer documents for a UK subsidiary of a gambling group

Acted for an online gambling group on corporate housekeeping for its UK subsidiary, including documents for a share transfer and deed of contribution, a change of director on a resignation, an auditor change and compliance with the new register of persons with significant control.

Online gambling group  |  Online gambling  |  2014 to 2017  |  England and Wales

Regulatory due diligence on a foreign exchange trading business proposed for acquisition

Advised the interactive division of a US casino and entertainment group on regulatory due diligence for a possible acquisition of an online foreign exchange and CFD trading business. Produced a note on its EU regulation and licensing, including MiFID passporting and Irish authorisation, as a model for diligence elsewhere, and scoped jurisdiction reviews by trading volume.

Interactive division of a US casino and entertainment group  |  Online gambling  |  2011  |  EU, Ireland, England and Wales  |  Also: Betting, spread betting and financial trading

Transfer of part of a web business to a newly formed company

Advised a web development company and its directors on the transfer of part of its business to a newly formed company, documented by a business purchase agreement, loan agreement, share subscriptions, new articles, resolutions and a debenture. Completion documents were finalised in 2011.

Web development company and its directors  |  Technology and software  |  2010 to 2011  |  England and Wales

Deadline and service of an option notice on an individual shareholder under Table A

Advised a financial brokerage group on the deadline for exercising an option after notice was served on an individual shareholder, analysing deemed service of an email notice, the 21 day period under Table A of the Companies Act 1985, and a letter to the shareholder.

International financial brokerage group  |  Financial services and trading  |  2008  |  England and Wales

FSMA 2000 review of an investor notice in a share offering memorandum

Advised a company on the wording of an investor notice in an information memorandum for a share offering, including whether it complied with FSMA 2000 and whether the document was an invitation to subscribe for shares. [Financial Services and Markets Act 2000, ss.19 and 412 (regulated activities, contracts for differences and gaming contracts)]

Private company raising equity finance  |  Other  |  2006  |  England and Wales

Second amendment to software agreements and completion mechanics on a share sale

Acted for a software company and its principal on a second amendment to a set of software agreements and a related share purchase agreement, including the order of signing, a loan repayment, exercise of an option and release of a personal guarantee. Also advised on VAT on a settlement sum.

Software and technology company  |  Technology and software  |  2006  |  England and Wales  |  Also: IT and software

Setting up a UK company for an online poker group: incorporation, VAT, staffing

Acted for an online poker group in establishing a new UK subsidiary of an overseas holding company, handling incorporation, registered office and company secretarial services, VAT registration for non-UK directors, director appointment filings and a UK standard employment contract, in time to arrange work permits for staff.

Online poker operator group  |  Poker  |  2004 to 2005  |  England and Wales  |  Also: Commercial contracts

Governance advice on resignation and ratification of board members

Advised a professional accountancy body incorporated by Royal Charter on governance questions arising from the resignation and ratification of certain board members, giving advice in 2025.

Professional accountancy body incorporated by Royal Charter  |  Professional services  |  2024 to 2025  |  England and Wales  |  Also: Commercial contracts

Licensing requirements for selling alcohol with greeting cards in the UK

Advised a US photo products and gifting app group on selling alcohol as a gift item with its cards in the UK, explaining the need for premises and personal licences under the Licensing Act 2003, that the premises is where goods are appropriated to the contract (s.190), and that the fulfilment house was the likely licence holder. [Licensing Act 2003 (sale of alcohol)]

US photo products and gifting app group  |  Technology and software  |  2024  |  England and Wales  |  Also: Consumer law

Payment Services Regulations 2017 advice on a UK subsidiary of an Israeli games group

Advised an Israeli online games group on the Payment Services Regulations 2017 implications of making its new UK subsidiary the contracting party, adapting the player terms to English law, updating users, and drafting the intercompany arrangements so that the subsidiary would not look like a passive conduit to the FCA.

Israeli online games group with a new UK subsidiary  |  Video games and esports  |  2024  |  England and Wales  |  Also: Commercial contracts

Payment services regulation advice on direct debit services of an acquired lottery business

Advised an Australian online lottery group on financial regulatory issues in the direct debit collection services of a UK lottery services business it had acquired, including the Payment Services Regulations 2017, and on options for remedying the position. The advice also supported the group's later warranty claim against the sellers.

Australian online lottery group with UK lottery management subsidiaries  |  Lotteries  |  2023  |  England and Wales  |  Also: Corporate, M&A and due diligence

CE marking advice on product regulation for a toner cartridge supplier

Advised a company on whether CE marking applied to its products, including the specific rules for toner cartridges. Researched the relevant directives and regulations and delivered a written memorandum of advice. Also made an enquiry of the Office for Product Safety and Standards.

Trading company supplying toner cartridge products  |  Other  |  2021  |  United Kingdom, EU

Letter before action over copying of a product range

Acted for a supplier of audio-visual mounting products against a competitor whose website showed copies of the client's products. Advised on the IP infringement, sent a letter before action in 2021, and dealt with the opponent's solicitors' reply. [Copyright, Designs and Patents Act 1988, ss.16-18 (infringement by copying and issuing copies), ss.226-229 (infringement of design right)]

Supplier of audio-visual mounting products  |  Consumer goods  |  2021 to 2022  |  England and Wales

Advice on a submission to a UK government consultation on value based pricing of drugs

Advised a US software company on a potential submission to a UK government consultation on value based pricing of drugs, where its software might be used to benchmark the success of the drugs as part of determining value.

US software company  |  Pharmaceuticals and healthcare  |  2011  |  England and Wales

Counsel's opinion on ownership of unmatched customer funds held by a payment provider

Advised a payment services provider on the legal ownership of unmatched customer funds held in its pool, obtaining an opinion from counsel. The opinion concluded that the funds belong to the customer and are held on a form of trust under English law, and that no time limit applies to an action for breach of trust.

FSA-authorised payment services provider for online gaming merchants  |  Financial services and trading  |  2010  |  England and Wales

Premises licence application for a retailer's in-store bar in central London

Advised a fashion retailer on a licensing application for a bar on the third floor of its flagship London store, with objections from the police and environmental health. Advised on the police claim that the store was in a stress area, on negotiating conditions and on timing before opening. The police objection was later withdrawn. [Licensing Act 2003 (sale of alcohol)]

UK fashion retail group with several brands  |  Retail and fashion  |  2010  |  England and Wales