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Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?
08 April 2021As 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.
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Can a contract be terminated if the effects of COVID-19 have prevented performance?
08 April 2021The 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.
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Under pressure: what kind of pressure makes a contract unenforceable?
08 April 2021Even 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.
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But you promised! Even without a written contract, promises can be enforced and rights given up.
08 April 2021Broken 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.
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Any member of an LLP may be subject to a Disqualification Order – not just those on the Management Committee
06 April 2021Pursuant 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.
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New rules on witness statements in force from 6 April 2021
09 March 2021The 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.
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Trading through the pandemic: insolvency issues, risk and contractual performance
12 November 2020As 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.
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Dispute Resolution Update - October 2020
16 October 2020Welcome 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.
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Sports Q&A - Should mediation be used more in sports disputes?
16 October 2020With 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.
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Privilege Denied – “Dominant Purpose” in Practice
14 October 2020In the long-running case of Financial Reporting Council v Fraser’s Group (formerly Sports Direct International Plc) numerous issues of privilege have arisen.
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Covert recordings – does use in court justify the risk?
13 October 2020With the ubiquity of smartphones, most people have the ability secretly to record a conversation or meeting, but in the context of proceedings before the court in England, key questions are: will the court allow covert recordings to be used as evidence? And will the maker of the recording risk liability to claims from the people recorded?
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Trading in turbulent times: has the bar got higher again?
12 October 2020UK businesses are facing a tough month. Uncertainty abounds with localised Covid restrictions on the horizon and a perfect storm is brewing: 29 September was a rent quarter day for many businesses and the furlough scheme is set to be withdrawn at the end of October. With 11% of the British workforce on furlough (according to ONS data), many are staring into the abyss.
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If you refuse to even try and settle a dispute – there will be consequences
28 September 2020All businesses are suffering from the effects of Covid-19 and the various measures being taken to combat the spread of the virus. Disputes are continuing to rise and contracting parties remain desperate to ensure that they receive their contractual entitlements without delay – particularly payment.
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Business Interruption Insurance Claims - The Court Gives a Boost to Business
24 September 2020Many businesses making claims under business interruption insurance policies for losses resulting from business closures, due to the Covid pandemic and restrictions imposed by the Government, suffered a rejection of such claims by many of the insurance companies. Although the insurance companies would base those rejections on interpretations of the wording of the specific policy and the facts on which a claim was based, it was apparent that a number of common grounds were being used by the insurance industry to reject claims.
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Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
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Sports Q&A - What’s FIFA’s position on the transfer window and other regulatory issues impacted by the Covid-19 crisis?
06 July 2020Following the unprecedented disruption caused to football by COVID-19, FIFA published a set of principles and guidelines back in April 2020 in order to address some of the key regulatory and legal issues arising, especially with regard to player contracts and the transfer system.
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A Deed of Retirement doesn’t always protect a retiring partner
09 June 2020It’s not unreasonable to think that if a partner retires from a limited liability partnership (“LLP”) under the terms of a Deed of Retirement which contains a waiver and release clause, that partner will not be subjected to claims for any liabilities to the LLP.
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How franchisors and franchisees can work together to combat the impact of Covid-19
29 April 2020The coronavirus pandemic is a truly universal crisis, with no regard for borders or socio-economic systems. In just a few short weeks, it has caused havoc for businesses around the world, making casualties of household names and showing us that size doesn’t matter after all. For businesses large and small, online and on the high street, swift action is required to limit the potential long-term damage. For franchise businesses, meaningful – and perhaps unprecedented – cooperation between franchisor and franchisee is also vital.
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Important new case on disclosure, but has anyone noticed?
28 April 2020Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.
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I didn’t sign up for this! Can parties escape obligations when the deal changes?
27 April 2020It is estimated that 20% of the world’s population is living under some form of lockdown as various governments roundly seek to combat the spread of Covid-19. The impact has seen businesses forced to adapt to a reality that they would never have envisaged. Measures in the UK have left a variety of sectors reeling as shops have shut, operations have been restricted and events have been cancelled.