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If you refuse to even try and settle a dispute – there will be consequences28 September 2020
All 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.
Business Interruption Insurance Claims - The Court Gives a Boost to Business24 September 2020
Many 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.
Dispute Resolution Update - July 202020 July 2020
Welcome 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.
Sports Q&A - What’s FIFA’s position on the transfer window and other regulatory issues impacted by the Covid-19 crisis?06 July 2020
Following 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.
A Deed of Retirement doesn’t always protect a retiring partner09 June 2020
It’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.
How franchisors and franchisees can work together to combat the impact of Covid-1929 April 2020
The 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.
Important new case on disclosure, but has anyone noticed?28 April 2020
Given 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.
I didn’t sign up for this! Can parties escape obligations when the deal changes?27 April 2020
It 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.
Legal Professional Privilege Update21 April 2020
This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
Does the management team of a professional services firm have the power to deal with an extended lockdown?17 April 2020
Like all other businesses, professional services firms are feeling the effect of the coronavirus outbreak and are having to take steps to ensure survival in a world of mass remote working, empty offices, a decline in clients seeking services and increasing financial pressures.
Implying terms into commercial contracts impacted by COVID-1931 March 2020
We live and work in unprecedented times. The health of the population is rightly the priority, but it is abundantly clear that steps taken to prevent the spread of COVID-19 are having a very significant impact on the ability of businesses to fulfil obligations in commercial contracts.
COVID-19: force majeure and frustration flowcharts29 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.
Dispute Resolution Update - March 202012 March 2020
Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
Court of Appeal refuses to depart from "natural and ordinary" meaning of commercial indemnity clause26 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 privilege19 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 Coronavirus17 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.
Dispute Resolution Update - January 202016 January 2020
Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
Restrictive covenants and team moves: three key employee competition cases in 201908 January 2020
A significant threat to any business is the risk of employees leaving to set up in competition and misusing confidential information or trade secrets in doing so. We look back at three of the most significant employee competition decisions of 2019 in this constantly evolving area of law.
Witness statements in the Business & Property Courts: no radical change, but room for improvement07 January 2020
After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.