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Articles

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Remote working from overseas: does where my employees work really matter?

Many office workers have been working remotely since the start of the coronavirus pandemic, and this looks set to continue for the foreseeable future following the Prime Minister’s announcement on 22 September that those who can work effectively...

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Updates to banking and finance checklists

Lawyers within the banking and finance team at Stevens & Bolton have been busy updating a number of previous articles prepared for leading legal publisher, Practical Law. The updates cover the articles listed below and take account among other things of...

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"The early bird gets the worm, but the second mouse gets the cheese!"

Van Oord UK Limited v Dragados UK Limited [2020] CSOH 87 In a recent Scottish case, the Outer House of the Court of Session considered the law on instructions to omit works and a contractor’s entitlement to transfer that work to others. The court...

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Can the presence of asbestos in a site be a breach of a yielding up clause in a lease?

Yielding up clauses in leases determine what state of repair and condition a property must be in at the end of a lease. Wording does vary but commonly a yielding up clause contains an obligation to return a property to the landlord in good repair and...

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Lessons learnt from the UK-EU stand-off: the risks of good faith clauses

With the EU and UK accusing each other of breaching duties of good faith enshrined in the Withdrawal Agreement, good faith clauses have hit the headlines recently, especially as the EU has since started legal proceedings against the UK. However, whilst the...

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Further details of post-Brexit immigration rules have been announced

In our earlier article we set out the government’s proposed plans for the post-Brexit immigration system. The Home Office has finally published the eagerly awaited Statement of Changes to the Immigration Rules. We now have more detail and this is...

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Life sciences A to Z - M is for Mutual Recognition Agreements

Mutual Recognition Agreements (MRAs) is an umbrella term for international agreements by which certain states agree to recognise each other’s regulatory conformity assessments and/or product regulations in order to facilitate trade. MRAs are of...

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Life Sciences A to Z - M is for Medical devices

Businesses wishing to sell medical devices to the UK market must ensure regulatory compliance in the UK. Such regulation relates, amongst other things, to product safety, supply chain transparency and import/export control. Please note...

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Five point guide - taking notice of notice periods

In the current climate, many tenants are understandably cautious about committing to long-term inflexible arrangements with their landlords. We are seeing an increase in occupiers entering into temporary arrangements which allows their business to occupy...

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What does the end of the Brexit transition period really mean for employers in the life sciences industry?

The UK life sciences industry relies heavily upon a European workforce. With the end of the implementation period fast approaching, the immigration implications of the UK’s withdrawal from the EU should be considered urgently by businesses in the...

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The changing landscape of trusts

Recent years have seen an ever-increasing drive on a global scale to combat the threats of tax evasion, money laundering and terrorist financing, with trusts often falling into the scope of regulators as they are often seen as a vehicle for shielding assets...

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Avoiding enforcement of "unfair" adjudication decisions and the perils of an uncertain contract

The recent case of RT Developments Ltd v TW Dixon (Developments) Ltd [2020] 10 WLUK 106 is a bit of a rare outlier for cases involving adjudication. Generally speaking, it is difficult for a party to prevent the enforcement of an adjudicator’s...

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The problem with oral agreements - the ongoing battle between PCP and Barclays

Amanda Staveley – who runs the private equity firm PCP Capital Partners – is currently embroiled in a high-profile High Court battle with Barclays. Its roots date back to just after the 2008 financial crisis, when Barclays sought to raise capital...

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No changes in the pipeline... The High Court stands firm on the requirements to order security for costs

In the recent case of International Pipeline Products Limited v IK UK Ltd & Ors [2020] EWHC 1602 (Ch), the High Court reaffirmed the requirement that defendants must show genuine impecunity on the part of the claimant to obtain security for costs. We...

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Lionel Messi wins nine-year trade mark battle with cycling brand Massi

In a decision [i] that will be welcomed by sports celebrities everywhere, the European Court of Justice (CJEU) ruled that footballer Lionel Messi, may trade mark his name for use on his sports equipment and clothing brand. The CJEU acknowledged...

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Life sciences legal A to Z - M is for Marketing authorisation

A marketing authorisation (MA) is the regulatory gateway to the market for medicinal products. A pharmaceutical company must have an MA – sometimes referred to as a licence – before it can advertise and sell a new medicinal product, for example...

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Notice requirements when undertaking an out of court administration appointment

In this article we will cover the notice requirements for an out of court administration appointment by a company or its directors, and look at the recent case of Re Tokenhouse VB Ltd (Formerly VAT Bridge 7 Ltd) [2020] EWHC 3171 (Ch) .   The...

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Job Support Scheme Closed: further details published

The government has set out further eligibility criteria and conditions for making claims under the Job Support Scheme (JSS). The Chancellor announced the JSS on 9 October 2020 to specifically target support to businesses across the UK that are legally...

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Chancellor announces more generous Job Support Scheme Open

On 22 October 2020, the Chancellor unveiled an enhancement to the Job Support Scheme (JSS), now the Job Support Scheme Open (JSS Open), following pressure to support ailing businesses in Tier 2. Critical changes include a reduction in the amount employers...

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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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