Insights & News

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?

Plans for new rights for consumers during trader insolvency

31 July 2020

Figures show that online sales have jumped from 19.9% of all retail sales in January to 32.8% in May 2020.

UK government publishes White Paper and consultation on UK Single Market

28 July 2020

Just when you thought the UK was leaving a Single Market, the UK government is worried about another one – the one within the four home nations of the UK.

Brexit is back! European Commission issues Communication on readiness for end of transition period

28 July 2020

After a few months where organisations’ attention has been diverted by the coronavirus pandemic, the deadline for an extension to the Brexit transition period has passed without one being agreed and the UK will leave the EU Single Market and customs union from 1 January 2021.

CMA’s proposed regime to ‘take on’ tech giants – a privacy perspective

14 July 2020

The UK's Competition and Markets Authority ("CMA") published its final report on its market study into online platforms and digital advertising, calling for "a new pro-competition regulatory regime to govern the behaviour of major platforms funded by digital advertising, like Google and Facebook". It is proposed that the new regime would be overseen by a ‘Digital Markets Unit’ which would be given powers of intervention.

CMA issues update on work of its Covid-19 Taskforce

06 July 2020

The Competition and Markets Authority has issued an update on the work of its Covid-19 taskforce, set up to identify, monitor and respond to competition law and consumer protection law issues arising from coronavirus and the measures taken by businesses in response to it.

Sellers watch out – EU approves new rules for consumer class actions

03 July 2020

Consumers will have enhanced rights to take collective actions against traders for breaches of consumer law in future.

Conditional payments - are you sure you will be paid?

01 July 2020

Consider this scenario: you enter into an agreement to design some plush new downtown apartments. Everyone knows they will sell like hotcakes when they’re completed. Little do you know that an economic downturn is around the corner, and instead of selling out in weeks, your beautifully designed apartments become luxury rentals instead.

Limits introduced on suppliers’ right to terminate for insolvency

29 June 2020

Clauses which allow termination when your counterparty enters into insolvency are commonplace, and are often inserted into commercial agreements routinely, without too much thought. It may come as a surprise, therefore, that these will now largely be unenforceable by suppliers of goods and services against their customers.