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Commercial dispute resolution: navigating the economic downturn06 February 2023
After-shocks of the COVID-19 pandemic, the war in Ukraine, sky-high inflation, “mini-budget” fiascos and the revolving door of number 10: as we settle into 2023, many of the political, humanitarian and economic events of 2022 and beyond continue to have a huge impact on businesses grappling with uncertainty and financial instability.
Contractual ways to improve cash flow03 February 2023
It’s been a challenging couple of years for the UK economy. Businesses have had to grapple with Brexit uncertainty, the Covid-19 pandemic and the Russian invasion of Ukraine all affecting trade. These have in turn resulted in higher costs, compounded by inflationary pressures.
How to mitigate the impact of inflation and supply chain disruptions on commercial contracts03 February 2023
These are undoubtedly difficult times for businesses. Supply chain disruptions that emerged following the pandemic have contributed to a burst of global inflation which has led to record increases in costs such as energy, wages and transportation as well as higher interest rates.
Dealing with a counterparty who is facing insolvency03 February 2023
There’s been widespread coverage of the impending economic downturn. The pressures of the war in Ukraine, the consequential energy crisis, high inflation and labour shortages have combined to create forceful economic headwinds.
The importance of pro-active contract management in an economic downturn03 February 2023
Efficient contract management is an essential part of running any business. This is never more important than during times of economic uncertainty when businesses need to keep a close eye on contract performance, regularly review and monitor whether contracts still meet the business’ changing requirements and remain vigilant to the key indicators of potential failings or breaches.
Are contract amendments made in an economic downturn legally binding?03 February 2023
Performing obligations in commercial contracts in the current downturn is a serious challenge for some businesses. Sometimes that challenge will be so great that it is the catalyst for a breakdown of a business relationship. But where there is a common desire to get through these tough times, the focus may be on how contractual terms might be varied to ensure that both parties are able to survive.
How can I recover unpaid debts?03 February 2023
Even without a difficult economic landscape, establishing a strategy to recover a debt can make the difference between sitting comfortably and struggling through. It’s important to be aware of the different routes to recovery – and their limitations. Use this overview to understand your options and which option is best for your circumstances.
Post transaction disputes: bringing warranty claims – key considerations03 February 2023
The current economic climate may mean that recent purchasers of companies are looking to achieve an after-the-event price reduction, especially where the value of the company they have purchased may have fallen. One way of doing this may be to make a claim under the warranties in the share sale and purchase agreement (“SPA”).
What's the meaning of a football transfer?21 September 2022
Those involved with football transfers will be familiar with sell-on clauses given that they are widely used in the world of professional football. The purpose of a sell on clause is simple.
Climate change action against directors dismissed07 June 2022
In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.
High Court orders ex-employee to return confidential documents kept for taking legal advice16 February 2022
The High Court has issued an injunction against the former Global General Counsel of Nissan, ordering him to return the confidential documents he kept after his employment ended. It did not matter whether the documents were kept for the purposes of taking legal advice.
Directors’ duties and climate change litigation: if not now, when?17 November 2021
For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy11 October 2021
The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
Lewis Silkin's Dispute Resolution team signs the Greener Litigation Pledge06 October 2021
As part of Lewis Silkin’s ongoing commitment to sustainability, its Dispute Resolution team announces it has signed the Greener Litigation Pledge, an initiative aiming to reduce the environmental impact of litigation.
A customer refused to pay full price. Can we make them? Frances Simm writes for The Times06 October 2021
We’ve started supplying a new customer under our standard contract terms, but when they had our goods they demanded we accept a lower price and wouldn’t return what we’d sent. We were relying on their payment to meet some other costs so we accepted payment at the lower price. Is there anything we can do?
How can I get my supplier to give me the goods I’ve paid for? Rebecca Harries writes for The Times09 September 2021
I paid for some goods and the seller has not provided them. We had a contract and I don’t want compensation or money back, I just want the goods. I cannot get them elsewhere. What can I do?
The English Court Process: A guide for parties from outside the jurisdiction02 September 2021
The English courts are regularly chosen as the forum for the resolution of disputes, even between parties who do not have any other link to the jurisdiction. English judges are used to dealing with cases where one or both parties are not located within the jurisdiction and regularly deal with cases where initial applications concern a dispute over jurisdiction. This guide provides an outline of the civil litigation process in the English courts. It sets out the key points to bear in mind when bringing or defending a claim in England.
Cross border disputes between the EU and UK post-Brexit01 September 2021
The UK left the EU on 31 January 2020. The Withdrawal Agreement provided that EU law would continue to apply to the end of the transitional period which was 31 December 2020 (“the exit date”). Therefore, EU law would continue to apply to disputes with an EU element, governing (in particular) jurisdiction, applicable law and the enforcement of judgments up to exit day. From 1 January 2021, the position became more complicated. Outlined below are details of how cross border disputes between parties in the EU and the UK will be dealt with after the exit date.
SPA warranty claims – case update01 September 2021
In our article “SPA warranty claims - getting the notice right” we set out the common notice requirements that need to be complied with when making a warranty claim under an SPA, and the importance of complying with those requirements.
Innocent partners may not be liable for losses caused by the fraudulent conduct of rogue partners28 July 2021
In July 2021 the Court of Appeal held that innocent partners in a firm of solicitors are not always liable to former clients of the firm for losses caused by the acts of a fraudulent partner[i].