Insights & News

Treading the payment tightrope: can you still rely on the ‘limited network exclusion’ or might you now need a licence to carry out regulated payment services?

13 April 2022

The European Banking Authority (EBA) has recently published final guidelines on the application of the limited network exclusion (LNE) under the revised Payment Services Directive ((EU) 2015/2366) (PSD2). The guidelines apply to national competent authorities (NCA), which post-Brexit does not include the UK FCA. The UK FCA published its updated guidance on the application of the LNE under the Payment Services Regulations 2017 (PSRs) in November 2021, through PS21/19, PERG 15 of its Perimeter Guidance manual, and the latest version of its Payment Services and Electronic Money - Our Approach document.

Act now or pay later? FCA publishes important guidance on ensuring fair terms in unregulated Buy Now Pay Later credit agreements

24 February 2022

In relation to unregulated “Buy Now, Pay Later” (BNPL) credit agreements, the government has consulted and intends to bring these products within the scope of regulation

Buy Now Pay Later: FCA regulation appears to be looming. What might this mean for those offering this form of payment option?

29 October 2021

Businesses that offer regulated credit agreements must be authorised to do so by the UK’s FCA and must comply with relevant FCA rules as well as requirements in the Consumer Credit Act 1974 and subsidiary legislation.

Lewis Silkin recognised with top rankings in Chambers UK 2022 for Employment, Media and Entertainment: Advertising and Marketing, and Intellectual Property: Law Firms with Patent and Trade Mark Attorneys

Press

21 October 2021

Lewis Silkin’s performance in the sector continues to improve following a strong performance in Legal 500, earning 69 individual and practice rankings – of which 6 are top tier practice rankings and 5 are new entries or improvements.

Lewis Silkin receives tier 1 ranking in Legal 500 UK 2022 for Employment, M&A and Media and Entertainment

Press

01 October 2021

Lewis Silkin continues to receive strong recognition in the latest Legal 500 UK guide released yesterday, earning 67 individual lawyer and practice rankings – of which 7 are top tier practice rankings, 3 were new entries and 7 were improvements on last year.

Lewis Silkin has advised BGF on a £14 million investment in Victorian Sliders.

Deal

03 September 2021

Lewis Silkin has advised BGF on a £14 million investment in Victorian Sliders, a South Wales based business which is the UK’s only fully integrated, specialist manufacturer of uPVC sash windows.

Misrepresentation: the pitfalls of pre-contract statements

Inbrief

21 July 2021

Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.

COVID-19 advice for corporate occupiers

16 June 2021

Commercial tenants – whether occupying offices, retail premises, industrial units or other property - face potentially existential questions arising out of their landlord and tenant relations, how to manage cashflow and outgoings as revenues dry up, premises shut down and uncertainty reigns.

De-risking Digital Business Dreams: James Gill, Victor Timon and Helen Hart write for ICLG - Digital Business Laws and Regulations 2021

Press

08 June 2021

It is undisputed that the COVID-19 pandemic accelerated the pace of digital change. Since then, many consider that at least 10 years' development has taken place. Last year's Guide neatly highlighted five key forces of disruption that are set to transform businesses, including 5G and with it, the Internet of Things (IoT), Artificial Intelligence (AI), Autonomy, Hybridity and Blockchain. These remain highly relevant.

UK product certification post Brexit

11 May 2021

A consequence of the UK leaving the EU which has perhaps attracted less attention than other areas, such as border checks, is the new regime for product certification. Under EU law, many products must carry the CE mark to show that they are safe and comply with relevant laws.

Will a court force a party to perform its contractual obligations?

08 April 2021

As businesses start to get back to some kind of normality, they must be alive to their options if faced with a counterparty unable to comply with its contractual obligations in an uncertain economy. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.

Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?

08 April 2021

As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.

Can a contract be terminated if the effects of COVID-19 have prevented performance?

08 April 2021

The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.

Under pressure: what kind of pressure makes a contract unenforceable?

08 April 2021

Even as lockdown eases, multiple periods of restrictions over a sustained period and the wider economic impact of the COVID-19 pandemic have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.

But you promised! Even without a written contract, promises can be enforced and rights given up.

08 April 2021

Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.

Lewis Silkin promotes three to partner across Employment and Commercial practices

Press Release

01 April 2021

Leading law firm Lewis Silkin today announces the promotion of David Samuels, David Hopper and Alan Hunt to its partnership, adding further strength to the firm’s market-leading Employment and Commercial practices.

CMA poised to get personal on pricing algorithms!

27 January 2021

The CMA has published an eye-opening paper on algorithms, showing how they can, if misused, reduce competition in digital markets and cause harm to consumers.

Tech Predictions 2021

11 January 2021

Yes, it’s that time of year to grab a cuppa and immerse yourself in learning about how tech might change your 2021. Now, we know it’s easy to be a little glum if stuck working from home, but amazing businesses thrive on a bold vision, focus, drive and positivity. That’s our spirit as we go into 2021. We hope you will join us on the tech discovery journey.

Fertile Ground for Potential Disputes - Dealing with Commercial Contracts During The Second Lockdown: Clive Greenwood writes for Caterer Licensee Hotelier News

Press

25 November 2020

Clive Greenwood article for Caterer Licensee Hotelier News discusses the impact of a second English lockdown on supply chain commercial contracts in the hospitality sector.

Law Commission gets set to tackle online abuse

21 September 2020

It will come as no surprise that the existing UK legal framework of ‘communications offences’ has not really kept pace with changes in the ways we communicate. The Law Commission points out that in some cases the laws fail to address harmful behaviours online, and in others they risk interfering with our rights to freedom of expression. So, what change is on the horizon?