Insights & News

Insolvency issues for directors

Inbrief

31 May 2021

All directors owe duties to their companies. When a company is solvent, those duties are paramount but once insolvency is pending, directors must act in the creditors best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.

Did Dilyn the dog eat the writ?

14 May 2021

What can we do about an EU customer charging us for Brexit delays? Rebecca Harries writes for The Times

Press

05 May 2021

We make goods in the UK and are struggling with delivering our products to Europe on time because of additional costs and delays caused by Brexit. One of our overseas customers is threatening to impose financial penalties on us for the delay. What should we do?

Sports Q&A - What do clubs, agents and players need to be aware of regarding payments of agents’ fees?

28 April 2021

In recent years, HM Revenue & Customs (“HMRC”) have ramped up their investigations into the tax affairs of the football industry with a particular focus on the tax treatment of agents' fees. According to research by the accountancy firm UHY Hacker Young, the number of footballers investigated by HMRC rose dramatically in the tax year 2019-20, going up from 87 to 246 individuals, and the number of investigations into the tax affairs of football agents also increased substantially, more than doubling from 23 in 2018-19 to 55 in 2019-20.

Are contract amendments agreed during lockdown legally binding?

08 April 2021

Performing obligations in commercial contracts during the Government enforced lockdown has been a serious challenge for many businesses. Sometimes that challenge was so great that it was the catalyst for a breakdown of a business relationship. To avoid remaining bound by onerous obligations some parties felt compelled to terminate contracts.

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.

Any member of an LLP may be subject to a Disqualification Order – not just those on the Management Committee

06 April 2021

Pursuant to the Company Directors Disqualification Act 1986 (CDDA) the court may, in certain circumstances, make a ‘Disqualification Order’ preventing an individual from being a company director for a period of up to 15 years.

Counsel to step up anti-piracy efforts after copyright win: Neil Parkes comments for Managing IP

Press

12 March 2021

In-house lawyers in the music industry say two court rulings that ordered internet service providers to block access to stream-ripping websites will encourage them to target other services that have slipped through the net, and will add weight to their demands for legislative changes.

New rules on witness statements in force from 6 April 2021

09 March 2021

The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.

Lewis Silkin bolsters Dispute Resolution ranks with lateral partner hire

Press Release

08 February 2021

Neil Parkes joins the firm as a commercial disputes and media/tech IP litigation specialist

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.

Trading through the pandemic: insolvency issues, risk and contractual performance

12 November 2020

As England endures its second lockdown, it remains unclear how long we will continue to live under coronavirus restrictions. The economic fallout is staggering and the pressure many businesses are facing is unprecedented.

Lewis Silkin wins Real Estate Team of the Year Award 2020

Press Release

06 November 2020

Lewis Silkin has won the accolade of Real Estate Team of the Year award at The Lawyer Awards 2020 for their work on Earl’s Court Regeneration.

Dispute Resolution Update - October 2020

16 October 2020

Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.

Sports Q&A - Should mediation be used more in sports disputes?

16 October 2020

With sports disputes becoming more and more prevalent, it is more important than ever for parties to consider using alternative means to resolve disputes like mediation rather than the more traditional methods such as arbitration or court proceedings. However, whilst mediation is commonly used to resolve commercial disputes, it is not used as often in sports disputes despite its many benefits.

Privilege Denied – “Dominant Purpose” in Practice

14 October 2020

In the long-running case of Financial Reporting Council v Fraser’s Group (formerly Sports Direct International Plc) numerous issues of privilege have arisen.