Wednesday, 18 January 2017  
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New "customer care" Regulations come into force

On 28 December 2009 The Provision of Services Regulation 2009 came into force, enacted under the European Framework Services Directive (2006/123/EC).

The effect of this is to introduce various “client care” requirements for all businesses providing services, which includes information about the supplier itself and its services. For most UK businesses the Regulations will not be too burdensome, as most of the information requirements have existed for some time in other legislation.

Nonetheless it is worth noting that the Regulations appear to impose a fairly high standard in dealing with complaints, both in terms of the time taken to deal with a complaint and the redress offered.

For more information, please read this Briefing Note.

Welcome to Gardiner & Co.

As the principal of Gardiner & Co. I would like to welcome you to this website. Not only will you find details about this practice, but you will also have access to articles of interest and specialist know how.

Gardiner & Co. specialises in technology and general company/commercial law.  I act for a range of clients, including a large international software developer, an international bank, SME's, a telecommunications services consultancy and start-ups.

Evergreen maintenance clauses: DataDirect v Marks & Spencers

"Evergreen" clauses are those provisions of a contract which allow for the continued supply of goods or services until such time as notice of termination is given.

In a recent judgement the High Court reminded contracting parties that not only are evergreen clauses enforceable, but that proper notice of termination must be given. The outcome of this judgement was that Marks and Spencer plc was ordered to pay maintenance fees totalling £135,844 (excluding VAT) to DataDirect Technologies Ltd, a subsidiary of Progress Software Corporation.

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