Supply chain contracts: Are you up to speed with new insolvency rules?

Recent changes to insolvency law have had a major impact on supply chain contracts across the industry. John Warchus, takes a closer look at the practical steps firms can take to ensure their contracts are best protected. To enable businesses to continue trading in these uncertain times, the government has introduced several measures to help […]

May the force majeure be with you?

As we all navigate the uncharted territory of the coronavirus, in the world of contracts the force majeure clause has come to the fore. You’d be forgiven for assuming a global pandemic counts as a force majeure, but this isn’t necessarily the case: not a single reported case law or English law authority exists on […]

Courts take a strict approach to force majeure clauses

2 Entertain Video Ltd v Sony DADC Europe Ltd [2020]  BackgroundIn Covid-19 times, a recent decision from the Technology and Construction Court relating to the 2011 London riots is a useful reminder of the restrictive way in which force majeure and limitation clauses are interpreted by the courts and needs to be noted by all suppliers of goods […]

Are your trade marks ready for Brexit?

Given the recent (and ongoing) business upheaval caused by COVID-19, many businesses can be forgiven for failing to focus on the fact that Brexit finally took place with the UK “leaving” the EU on 31 January 2020 with the practical “Exit Day” to occur on 31 December 2020, after the transition period. In order to […]

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: