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Mar
26
2020

Escaping consequences of non-performance of contract obligations
#Corporate #Commercial

It’s something of a given in English law that, if you enter into a binding contract and fail to perform your “side of the bargain”, you may well be liable to pay damages for breach to the other party. Generally, it’s irrelevant and no defence if the obligations you agree to in the contract subsequently become far more onerous, difficult or expensive than originally envisaged,......

Mar
17
2020

Three “Ms” to help avoid the supplier’s nightmare of a key customer who can’t pay
#Commercial #Corporate

It is anticipated that the Covid 19 outbreak will result in a spike insolvencies in the UK and it goes without saying that this means that a very considerable number of suppliers to companies or sole traders will have been left as unsecured creditors, likely to receive a fraction only (or nothing at all) of what they were owed for goods or services supplied. ...

Mar
09
2020

Warranties and Indemnities in Share Purchase and Asset Purchase Agreements
#Commercial #Corporate

The terms “warranties” “representations” and indemnities” are frequently used throughout the sale of assets or the sale of shares process....

Mar
09
2020

Is the coronavirus a contract killer?
#Commercial #Corporate #Force Majeure

The current spread of the coronavirus is likely to be used as justification for the delayed or non-performance of contracts globally. Do established contract law principles support non-performance because of Covid-19?...

Mar
09
2020

Police use of Facial Recognition - Artificial Discrimination?
#Corporate #Commercial

It has been some months since the High Court delivered its judgment in R v Bridges concerning the use by South Wales police (SWP) of live facial recognition (LFR) in a public place. The claimant has since appealed the decision in the Court of Appeal and the SWP is still under investigation by the Information Commissioners Office (ICO)....

Feb
19
2020

Ready or not, here change comes! How will your contracts change with the UK’s upcoming tariff regime and departure from the EU?
#Commercial #Corporate #Brexit #Transition Period #Trade tariffs #EU

On 6 February 2020, the UK Department for International Trade (DIT) launched a public consultation to begin shaping the country’s new independent global tariff policy following the UK’s departure from the EU. The upcoming regime will enter into force on 1 January 2021....

Feb
07
2020

What does the new decade herald for EMI Option Schemes?
#Corporate #Commercial

The Enterprise Management Initiative (EMI) option scheme is a tax efficient incentive scheme designed to incentivise employees by enjoying the rewards of growth and business success usually on a sale...

Feb
07
2020

Employee Ownership Trusts: 2020 The best is yet to come!
#Corporate #Commercial

Since the enactment of the Finance Act 2014, the popularity and acceptance of the Employee Ownership Trust (“EOT”) as an exit option for business owners has continued to gain support from lawyers, accountants, the Institute of Chartered Accountants in England and Wales and business owners themselves....

Feb
04
2020

Putting the Heart Back into the High Street with New Reading Cinema
#Real Estate #Commercial #Construction #Real Estate #Hospitality & Leisure

With the help of Clarkslegal, a new independent cinema is coming to Broad Street Mall in Reading this summer, in a deal between developer Really Local Group, and Moorgarth, the owners of Broad Street Mall. ...

Jan
14
2020

The Rewards and Risks of the ‘Subject to Contract’ Label
#Corporate #Commercial

Following the recent decision in Farrar v Rylatt [2019], it is clear that use of the phrase ‘subject to contract’ continues to create work for lawyers in commercial situations and relationships. ...

Jan
14
2020

Share buybacks and payments
#Corporate #Commercial

The concept of share buybacks is a useful one. The ability for a company to buy back its own shares is seen as a useful tool for capital re-organisations and a tax efficient way in which to remove a shareholder or class of shareholders....

Jan
14
2020

Removing a Director under the Companies Act
#Commercial #Corporate

The Companies Act 2006 contains a right for members of the Company to seek the removal of a director from office by convening a general meeting of its members and passing an ordinary resolution. This provision is seen as sacrosanct in the Companies Act 2006 – any attempt to exclude this right in the Companies articles of association would be unenforceable. ...

Sep
30
2019

Clarkslegal Acknowledged once again by UK Legal 500 2019-2020
#Clarkslegal #Commercial #Construction #Corporate #Education #Employment #UK Immigration #Setting up in the UK #Real Estate #Complex Contracts

Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....

Aug
15
2019

Force majeure clauses and the “but for” test
#Construction #Commercial

A recent Court of Appeal decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 has considered whether a party could rely on an exceptions clause (similar to a force majeure provision) to excuse non-performance in circumstances where it was not able and willing to provide cargoes for shipping even if the force majeure event had not occurred. ...

Jul
10
2019

GDPR Enforcement Breaking News: ICO issues second intent to fine in two days
#Data Protection #Corporate #Commercial

Just one day after the ICO delivered a notice of intent to fine British Airways £183 million for alleged personal data breaches, it has delivered another, this time to global hotel group, the Marriott International....

Jul
10
2019

GDPR Enforcement: ICO intent to fine British Airways
#Data Protection #Commercial #Corporate

The Information Commissioner’s Office has issued a notice of intent to fine British Airways under the new Data Protection Act 2018 (DPA)....

Jul
08
2019

Taking and enforcement of charges over shares in English companies
#Corporate #Commercial

Charges over shares of companies incorporated under English law are not uncommon, often as part of a group banking facility, where subsidiary company shares are charged by the borrowing parent company in favour of the lender....

Jul
08
2019

Rights to remain at term end: TFS v BMG (Ashford) Ltd
#Real Estate #Commercial

The default position for a tenant occupying commercial premises is that when the contractual term expires, the tenant has a statutory right to a new lease even if the landlord is unwilling to grant a new lease on a voluntary basis. ...

Jul
02
2019

The Adidas Case - is your EU Trademark Safe?
#Intellectual Property #Commercial

You may have heard from various press articles that the General Court of the European Union has recently upheld that the iconic three stripes design owned by Adidas is not distinctive enough for trade mark registration....

Apr
29
2019

Hey that's my content - now YouTube, where's my licence?
#Information Technology #Commercial

You may have heard that the EU Council has voted in favour of the Copyright Directive passed by the EU Parliament. Existing copyright law within the EU is complicated and varies from country to country. ...

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