Business contracts: Best by design, not by accident

The massive disruption caused by the COVID-19 pandemic has resulted in many more people working from home resulting in the number of face-to-face business meetings to drop to virtually zero.   This has led to an explosion in the use of video conferencing technology.  Whilst the benefits of these technologies are immense, they are not without […]

Coronavirus – How safe is your supply chain?

As coronavirus quickly develops from a local to a global threat, there are also increasing commercial concerns in relation to the ability of parties to perform contracts. In particular, the coronavirus outbreak is an illustration of the legal principles of force majeure and frustration which can, in the correct circumstances, excuse a party’s non-performance and/or […]

ICO gets tough: Equifax fined £500,000 under the “old” rules for very serious data breach

The recent introduction into UK law of the more stringent General Data Protection Regulation rules (GDPR) has certainly raised awareness of data protection and security.  The Information Commissioner’s Office (ICO) has just announced a record fine in relation to a very serious breach that took place in 2017, which meant that the fine was imposed […]

The importance of insurance in exclusion of liability clauses

Goodlife Foods Limited v Hall Fire Protection Limited  This decision has once again shown that the courts often place considerable importance on the availability of insurance in interpreting the validity (or not) of an exclusion of liability clause in a commercial contract. It also shows the courts being generally supportive of businesses limiting liability through […]

Countdown to GDPR day – Top tips 1: Consent and the GDPR

Under the GDPR, consent needs to be “…freely given, specific, informed and unambiguous…”  In other words, consent will only be validly given where there is a clear statement or conduct by an individual which indicates his/her acceptance of the proposed processing.  Accordingly, the following will no longer be satisfactory evidence of consent: