Insights & News
Search for Insights & News
- 249 results found
- All (249)
- Others (188)
- Press (36)
- Inbriefs (14)
- Press Releases (10)
- Case Studies (1)
-
Supreme Court dismisses Times Travel (UK) Ltd’s lawful act economic duress appeal (Pakistan International Airline Corporation v Times Travel (UK) Ltd): Tom Beard comments for Lexis Nexis
Press
20 August 2021The Supreme Court has unanimously ruled in favour of dismissing the appeal by Times Travel (UK) Ltd. The judgment sets out the essential elements on the doctrine of lawful act economic duress and what constitutes an illegitimate threat or pressure.
-
My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times
Press
09 August 2021One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?
-
Innocent partners may not be liable for losses caused by the fraudulent conduct of rogue partners
28 July 2021In 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].
-
Misrepresentation: the pitfalls of pre-contract statements
Inbrief
21 July 2021Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.
-
Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction
Inbrief
21 July 2021Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.
-
Adjudication
Inbrief
08 July 2021Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).
-
What can we do about a court judgment that arrived while our office was closed? Mark Lim writes for The Times
Press
21 June 2021We have just opened the post after two months away from the office to find a court judgment against us. It was filed by a supplier who is claiming that we owe them money. What can we do?
-
Notification Issues for Warranty Claims - A flowchart
17 June 2021We have produced a flowchart to identify some of the common steps (and pitfalls) to be considered by those seeking to notify a warranty claim under typical SPA provisions.
-
SPA warranty claims - getting the notice right
17 June 2021Today’s challenging economic climate has reduced the value of many businesses.
-
My relationship with a supplier is broken. Can I go straight to court? Rebecca Harries writes for The Times
Press
04 June 2021We’ve supported a supplier through Covid but they are now really letting us down. We have a dispute resolution clause in our contract but we’ve had some heated calls and the relationship is broken. Can I skip it and go straight to court?
-
Insolvency issues for directors
Inbrief
31 May 2021All 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 2021We 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 2021In 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 2021Performing 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 2021As 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 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.
-
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.
-
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.
-
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.