Insights & News

COVID-19: force majeure and frustration flowcharts

29 March 2020

The Coronavirus situation may interfere with contractual performance for a variety of reasons. Download here our flowcharts of the issues for those considering whether it is possible to bring contracts to an end (or suspend performance of contractual obligations) without breaching the contract by relying on contractual force majeure clauses or the common law doctrine of frustration.

AI regulators getting interested

24 March 2020

It has been reported that Amazon has been removing thousands of listings for bogus items related to the coronavirus. It seems likely that Amazon is using forms of artificial intelligence to help scour its website for such items, and as the significance and range of uses of artificial intelligence grow, it is worth considering a recent flurry of regulatory developments in the sector in the UK and the EU.

Coronavirus - what it actually means for sponsors if 2020’s biggest events are disrupted - Alex Kelham comments for The Drum

11 March 2020

The Tokyo Olympics, Glastonbury, Euro 2020, Cannes Film Festival, SXSW and Cannes Lions. These are some of the major events that hang in the balance as the coronavirus continues its global spread. In this article for The Drum, Alex Kelham comments on how relationships with sponsors will dictate negotiations.

Coronavirus and business to consumer (b2c) contracts: what are the implications?

09 March 2020

As Coronavirus fills up our news feeds, attention is turning to the impact it is having in the workplace and, ultimately, on the provision of goods and services that we all buy and sell as consumers.

Court of Appeal refuses to depart from "natural and ordinary" meaning of commercial indemnity clause

26 February 2020

The Court of Appeal has considered the construction of an indemnity clause in a trust deed holding that the words used should be given their natural and ordinary meaning. The case highlights the importance of clear and careful drafting as the courts will not readily rescue parties from the effects of the words used even where this means an unexpected advantage for a party.

Court of Appeal confirms dominant purpose test for legal advice privilege

19 February 2020

The Court of Appeal has recently provided guidance on the scope of legal advice privilege. The guidance is particularly important for in-house lawyers and those with a hybrid legal and commercial role.

Counting the cost of the Coronavirus

17 February 2020

The spread of the Coronavirus (officially named COVID-19) shows no sign of abating. There have been around 71,000 confirmed cases worldwide and around 1,700 deaths (as at 17 February 2020). Authorities in China have put parts of the country in lockdown to limit the spread. An estimated 500 million people in the country are affected by restrictions.

Terminating contracts: breaking up is never easy...

12 February 2020

The UK has now left the EU. However, the precise terms of our departure are as yet unclear. In the face of uncertainty, prudent businesses are assessing contracts, their cost base and their exposure to currency fluctuations. As part of such a review, the well-prepared need to develop exit strategies where arrangements have become, or will become, unprofitable.

Lewis Silkin advises Three on groundbreaking commercial partnership with Chelsea FC

Press Release

04 February 2020

Leading law firm Lewis Silkin LLP has advised global telecommunications and internet service provider Three on a new partnership with Chelsea Football Club, one of the world’s most successful football clubs and reigning Europa League champions, that will see Three become one of the London club’s main sponsors.

Lewis Silkin supports Ladies Professional Golf Association on creation of joint venture that will enable “women’s golf to reach new heights”

Deal

31 January 2020

Lewis Silkin LLP has advised the Ladies Professional Golf Association (LPGA) on the establishment of a joint venture with the Ladies European Tour (LET), which is set to provide a major boost to women’s golf.

ICO ‘dispenses’ its first GDPR fine

29 January 2020

You’d be forgiven for missing it: while the rest of us were busily hanging tinsel and counting down the days to Christmas on our advent calendars, the ICO handed down its first GDPR fine – in the sum of £275,000 – to Doorstep Dispensaree (DD), a provider of pharmacy services to care homes. The decision is of note not just because it’s the first fine issued by Ms Denham, but also because of the other powers she exercised along the way (i.e. Information and Enforcement Notices, in addition to Monetary Penalty). Heralding another first, DD’s appeal against the Information Notice was the first to reach a final determination in the First-Tier Tribunal under the new regime.

2020 Tech Predictions

08 January 2020

Well, it’s that time of the year where we use our 20/20 vision to see what exciting technology changes lie ahead in the next year and beyond. As it’s 2020, we couldn’t resist the urge to treat you to 20 of our best tech predictions, which build on the themes from our Tech Predictions for 2019.

How damages are measured can make a stark difference in claims for breach of a tripartite collateral warranty

06 December 2019

The High Court has given one defendant a stark lesson in how the measure of damages can make a significant – and costly – difference to the value of a successful claimant’s remedy.

When retail supply chains go wrong: Bryony Long and Lauren Shrubb write for Essential Retail

Press

03 December 2019

Bryony Long and Lauren Shrubb have written an article for Essential Retail discussing the widespread non-compliance of companies regarding the production of modern slavery statements.

Consumer Law Update: Who’s on the regulatory radar for 2019/20?

24 September 2019

The Government and the CMA are intensifying efforts to strengthen consumer protection in the UK with a strategic focus on ambitious enforcement of existing laws and empowering consumers through accessibility to their data.

Law Commission confirms legality of electronic signatures

19 September 2019

Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”

Misrepresentation: the truth, the half-truth and anything but the truth

19 September 2019

When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.

More than just a stadium…

18 September 2019

However it’s done, whether being rebuilt from scratch (Tottenham Hotspur, Chelsea, Arsenal), expanded (Liverpool) or converted from other uses (West Ham, Manchester City), one thing for certain is that football stadiums are big business. In this article, we explore some of the current projects and highlight some of the hot topics surrounding these cathedrals of the national game.

ICO: Update Report into Ad Tech and RTB

17 September 2019

On 20 June 2019 the UK’s data protection regulator issued a progress report setting out her initial concerns about the use of personal data in the ad tech sector – which she describes as “immature in its understanding of data protection requirements” – in particular when it comes to real time bidding (RTB).