Lewis Silkin works with some of the most dynamic and innovative technology companies in the world.
We have a specialist technology sector group and a wealth of experience in technology disputes (and pre-empting them where possible). We provide down-to-earth, commercial and cost-effective advice to resolve disputes by litigation, arbitration, negotiation or other forms of alternative dispute resolution.
Our clients range from entrepreneurs, start-up companies and their financiers and investors, to large multi-nationals and internationally-known technology companies. The disputes we handle cover all areas of expertise in our technology sector group.
Law Society Report: AI in the Justice System13 June 2019
The Law Society has now published the final report of its Technology and the Law Commission (the “Commission”) investigation into the use of algorithms in the justice system. It follows a year-long exploration by the Commission of whether algorithms’ use within the justice system should be regulated to protect human rights and trust and, if so, how.
Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate04 June 2019
In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
Toni Lorenzo, Michael Anderson and David Samuels write for People Management: Mitigating the impact of an unlawful team move30 May 2019
Can you prevent former employees from competing even in the absence of enforceable restrictive covenants? Toni Lorenzo, Michael Anderson and David Samuels report for People Management in light of a recent Court of Appeal ruling.
The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?28 May 2019
The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.
Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle21 May 2019
The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
Court of Appeal allows inspection of documents despite the risk of foreign prosecution07 May 2019
The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.
Contract law update: Recent developments and practical tips03 May 2019
On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.