Articles

Articles

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Five point guide: breaking free from the shackles of a lease - options to terminate

Tenants’ property requirements are changing. A survey recently undertaken by the Institute of Directors claims that nearly three-quarters of firms will maintain home-working during the COVID-19 pandemic, with more than half planning to reduce...

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Smart contracts: Law Commission launches project to analyse English law in response to emerging technologies

What are smart contracts? Unlike a regular contract that is entered into on an individual basis, a “smart contract” is self-executing in nature. The terms of the agreement and the entering into it between buyer and seller in a smart contract are...

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CIGA: implications for secured lenders

Andrew Dodds (Partner), Matthew Padian (Managing Associate) and Estelle Macleod (Professional Support Lawyer) have prepared a new article for leading legal publisher, Practical Law, covering the key implications of the Corporate Insolvency and Governance Act...

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Guidelines on concepts of controllers, processors and joint controllers published by European data protection board

The European Data Protection Board ( EDPB ) has published guidelines on the concepts of controller, processor and joint controller under the General Data Protection Regulation ( GDPR ). These new guidelines not only replace the guidance on the same concepts...

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Supreme Court clarifies law of arbitration agreements

On 9 October 2020, the UK Supreme Court handed down judgment in the case of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors. The Supreme Court decision is now the leading authority on (i) the English court’s approach to...

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"That which can be asserted without evidence, can be dismissed without evidence."

"That which can be asserted without evidence, can be dismissed without evidence." Christopher Hitchens. It is not for a defendant to disprove an unproven case, but rather for the claimant to produce sufficient evidence to support its allegation....

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New Tier 2 restrictions - impact for employers outside the Restricted Area

With effect from midnight on Friday 16 October 2020 many parts of the UK including London were designated as Tier 2 high risk areas (the Restricted Area). This clearly has an impact on employers within the Restricted Area, but also affects those based...

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Five point guide - update on landlord and tenant COVID-19 changes

The government’s announcements last month in the run-up to the September quarter day and subsequent update of regulations, extended the protections for commercial tenants and continue to restrict landlords’ options over unpaid rent. So what...

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Pre-pack administration: new regulations promise greater scrutiny but will the true cost be business rescue?

On 8 October the Insolvency Service published a report on pre-pack sales in administrations, together with draft regulations imposing a mandatory referral to independent scrutiny in the case of pre-packaged sales to connected parties. This article, written...

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ASA releases latest statement on the depiction of COVID-19 protective measures in adverts

The Advertising Standards Authority (ASA) has published new principles directed at advertisements that depict scenes or behaviours “ which go against current government and scientific rules and guidelines that are aimed at limiting the spread of...

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New job support for businesses forced to close under tighter restrictions

The Chancellor of the Exchequer, Rishi Sunak, has outlined an expansion of the Job Support Scheme (JSS) to specifically target support to businesses across the UK that are legally mandated to close when tighter COVID-19 restrictions are introduced in...

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Worldwide freezing orders: are the courts warming to them?

In the recent case of GML International Ltd v Harfield [2020] 7 WLUK 362, the High Court granted an application for a post-judgment worldwide freezing order against a judgment debtor who had fabricated his defence in the underlying proceedings. This...

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Delay after the stay? An update on claims for possession of property (in a pandemic)

Commercial and residential landlords pursuing possession claims through the courts will have been relieved on 20 September 2020 when the stay on all claims was lifted, but will it be plain sailing from here?   The stay The stay of proceedings...

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Perseverance, dear my lord, keeps honour bright - Styles & Wood v GE CIF Trustees

Perseverance, dear my lord Keeps honour bright: to have done, is to hang Quite out of fashion, like a rusty mail In monumental mockery William Shakespeare, Troilus and Cressida Styles & Wood (In Administration) v GE CIF Trustees (unreported) (County...

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Function over form - The court clarifies legal advice privilege applies to in-house overseas lawyers

Communications between a client and their legal adviser are privileged from inspection by the court or any other third party, provided that they are made for the purpose of giving or receiving legal advice. This is known as “legal advice...

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New coronavirus legislation gives businesses more breathing space

On 29 September 2020 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2020 came into force. To keep this snippy, we’ll refer to these new Regulations as “CIGAR”. CIGAR prolongs...

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Dealing with consumer complaints - what is required from 1 January 2021?

With the Brexit transition period due to expire at the end of this year, it has been confirmed that from 1 January 2021, UK based traders will no longer be able to use the EU’s online dispute resolution platform (ODR platform). Additionally, there will...

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Notices to break and the electronic communications code - guidance for landlords

EE and H3G Ltd v Edelwind and Secretary of State for Housing Communities [2020] UKUT 0272 (LC) The Upper Tribunal has handed down a ruling on the service of termination notices relating to code agreements. The ruling will be helpful to landlords seeking...

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Treasury publishes details of Coronavirus Job Retention Bonus

On 1 October 2020, the Treasury provided details of the “Coronavirus Job Retention Scheme (Job Retention) Bonus” (CJRS Bonus) in a new Direction. Eligible employers may claim a one-off taxable bonus of £1,000 in respect of each...

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Withdrawal Agreement shows the dangers of good faith clauses

With the UK due to exit from the EU at the end of the year negotiations between the parties about the terms of Brexit are ongoing.  However, both the UK and the EU have recently accused each other of breaching good faith clauses in the Withdrawal...

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The London Court of International Arbitration (LCIA) rules effective from 1 October 2020

The LCIA’s updated Arbitration Rules and Mediation Rules (the Revised Rules ) come into effect on 1 October 2020, replacing the 2014 and 2012 editions respectively. The Revised Rules address, among other things, the use of technology and remote...

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GDPR: Employer's processing of an employee's criminal offence data found lawful

In the recent case of Hopkins v Commissioners for Her Majesty's Revenue and Customs, the High Court found that HMRC (the employer) had lawfully processed an employee’s criminal convictions data under the General Data Protection Regulation (GDPR)...

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The MHRA issues new guidance on post-Brexit medical regulation in the UK

On 1 September 2020, the Medicines and Healthcare products Regulatory Agency (MHRA) issued extensive guidance (accessible here ) addressing how medicines and medical devices will be regulated in the UK, once the Brexit transition period comes to an end on...

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Life sciences legal A to Z - L is for licensing

The process of drug development in the life sciences sector often involves collaboration between a number of different parties, with both the process of development and the drugs themselves having become increasingly complex over time. In order to set the...

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"The greater the obstacle, the more glory in overcoming it."

John Doyle v Erith Contractors Limited [2020] EWHC 2451 (TCC) The TCC has handed down its first judgment considering principles from the significant Supreme Court decision in Bresco and has provided helpful guidance on how the court will consider an...

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Employers now fined if they allow workers to breach self-isolation

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force in England at noon on 28 September 2020 (“Self-Isolation Regulations”). They make it an offence for an employer to knowingly...

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Time for an audit? Notification deadlines for overpayments under the CJRS

Whilst many employers are turning their focus on the details of the new Job Support Scheme, employers should not forget their obligations under the Coronavirus Job Retention Scheme (CJRS). HMRC believes it may have paid out up to £3.5bn in...

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Virgin Atlantic - a test case for the UK's first new restructuring plan?

On 4 September 2020, the High Court sanctioned a restructuring plan of Virgin Atlantic Airways Limited (Virgin) under the new Part 26A of the Companies Act 2006, brought in by the Corporate Insolvency and Governance Act 2020 (CIGA); this is the first time...

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Forethought is key - how far can a professional expect a duty of care to extend?

“Forethought we may have, undoubtedly, but not foresight” Napoleon Bonaparte The recent High Court case of Valley Brook Investments Limited and another v Huam Limited [2020] EWCH 1715 (Ch) , highlights that regardless of whether a third party...

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The Job Support Scheme: how supportive is it really?

Many employers will be scratching their heads over the Chancellor’s announcement of the Job Support Scheme (JSS) and what it means in practice. The JSS is potentially an alternative to redundancies. In particular, those employers in the midst of...

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