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  • What is an independent witness?

    16 June 2017

    If we send you a document to sign and say that you need to have someone, who is independent, “witness” your signature, there’ll be space under the section for your signature for the witness to sign and insert their contact details.

  • Parties making false statements in pre-action witness statements to face proceedings for contempt of court

    18 November 2019

    In a case relating to a package holiday which will serve as a warning to anyone considering fabricating facts to support a letter of claim, the Court of Appeal has ruled that parties making false statements in pre-action witness statements (potentially exposed as being untrue by the witnesses’ own social media posts) can face proceedings for contempt of court.

  • Witness statements in the Business & Property Courts: no radical change, but room for improvement

    07 January 2020

    After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.

  • Without prejudice privilege: not a cloak for improper threats

    16 August 2016

    Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.

  • Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful

    21 November 2019

    The judgment in Sternberg Reed Solicitors v Andrew Paul Harrison [2019] EWHC 2065 (Ch) has put practitioners on notice that mislabelling without prejudice correspondence may have serious implications.

  • Furlough and insolvency – administrators cannot furlough staff without adopting their employment contracts

    30 April 2020

    The administrators for Debenhams cannot keep staff on furlough and avoid adopting their employment contracts, according to the latest ruling from the High Court and Court of Appeal. The decision avoids a potential conflict between the rules of the Coronavirus Job Retention Scheme and the ordinary insolvency rules on the order in which creditors can get paid.

  • When can a termination discussion be without prejudice?

    15 December 2022

    For a discussion to be “without prejudice” there must be an existing dispute between the parties. A recent EAT case helpfully clarified when a grievance will count as a dispute for these purposes.

  • People with Significant Control - AIM Companies brought within the PSC regime

    12 July 2017

    UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.

  • Financial promotions: final legislation, rules and guidance bringing cryptoassets within the financial promotion regime now published

    09 June 2023

    The final version of Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023 (Order) has been published. The Order relates to the regulation of certain cryptoasset financial promotions.

  • When is consent unreasonably withheld?

    29 May 2024

    The phrase ‘consent not to be unreasonably withheld’ is often seen in commercial contracts. However when is withholding consent actually unreasonable and how can this be determined?

  • Latest Developments in the European Commission’s Draft Withdrawal Agreement – Trade Marks and Designs

    22 March 2018

    Since the Brexit result was first announced, there has been great deal of uncertainty for the UK (and wider EU) regarding the continuity of laws, policies, regulations and practices in relation to various facets of daily life. One of the major areas of uncertainty has been the continued protection to owners of EU registered Trade Marks and Designs.

  • The EU (Withdrawal) Act - what does it mean for employment law?

    27 June 2018

    That’s it - we’re leaving. You can Remoan all you want to, but yesterday was a momentous milestone in the history of Brexit with the EU Withdrawal Bill receiving Royal Assent and becoming the European Union (Withdrawal) Act 2018.

  • Spring Statement 2022: Brevity is the Soul of Wit

    23 March 2022

    I’m a big fan of 90 minute films, 250 page books and exhibitions comprising precisely two rooms, so it should come as no surprise that I appreciated the Chancellor’s snappy Spring Statement which clocked in at around the 27 minute mark. We’re all busy (and there's not much to report), so my summary of the key tax announcements affecting businesses and entrepreneurs will follow that style.

  • What are clubs legal remedies if leagues are extended or decided against their wishes?

    14 May 2020

    In this article, John Mehrzad QC, Head of Littleton Chambers’ Sports Law Group, John Shea, Senior Associate in Lewis Silkin’s Sport Business Sector Team and Doug Harmer, Partner at Oakwell Sports Advisory give their expert legal and loss quantification opinions about legal remedies available to Premier League and English Football League (“EFL”) clubs adversely affected by the range of decisions that could be taken to conclude the 2019/20 season such as extending the season beyond 1st June, playing matches at neutral venues, terminating the season early and/or determining league positions based on new formulas such as a points per game basis.

  • Employment Tribunals - will this winter see a flurry of claims?

    07 October 2020

    Imminent changes in Employment Tribunal procedures are likely to reduce case backlogs and lead to claims progressing to a hearing more quickly in a climate in which employment disputes are increasing. How will this affect employers?

  • A winter of blackouts? UK employers may need to prepare for electricity shortages

    13 October 2022

    The National Grid has warned that households and firms across Britain could face rolling power cuts of up to 3 hours this winter. This article explores some of the issues for employers to consider ahead of this potential energy emergency.

  • From crypto winter to crypto trading platform collapse – paving the path to greater regulation of crypto

    12 December 2022

    The trajectory of the crypto sector has been marked by a number of events over the course of this year from the crypto-winter (including instability in crypto markets, the collapse of Terra (an algorithmically-backed stablecoin supplemented by a reserve of Bitcoin) and consequential failures of crypto-related firms) through to the collapse of the centralised crypto trading platform FTX and most of its associated businesses. The regulatory message from Sir John Cunliffe has been consistent throughout: we need effective regulation of crypto technologies in finance.

  • Sky v SkyKick: Sky wins despite finding of bad faith

    01 May 2020

    Recall a time when government edicts had not yet led to most of the world being forcibly isolated in their homes, a time when the UK had not yet voted to leave the EU, a time when David Cameron was in Number 10 and Barack Obama was in the White House. If you can stretch your mind back that far, you can remember a time before the Sky v SkyKick case hung over the law of trade marks. Well, 4 years later, the battle (subject to any further appeals…) appears to be over. The telecommunications and TV giant perhaps best known for its sports broadcasting, Sky, has emerged from the ring victorious, albeit with a few cuts and bruises to show.

  • Sports Q&A - Winlink Marketing Limited v The Liverpool Football Club: what are the lessons for sports' right holders and commercial agents?

    24 November 2020

    Disputes over entitlement to commission are common. As we’ll explain below, this case was a clear win for Liverpool FC and will give rights holders encouragement where sponsorship/commercial agents argue for commission on deals that they do little to bring about. However, when you dig into the facts, the case exposes details that provide a harsh lesson for all lawyers, sponsorship experts, and agents working on deals of this nature.

  • Windrush Day 2020 - lessons learned?

    22 June 2020

    Windrush Day is a time to celebrate the substantial and ongoing contribution of the Windrush Generation and their descendants, who helped to rebuild the UK after the second world war and who have influenced our social, cultural and political landscape ever since. It is also a time to reflect on righting the wrongs of the Windrush scandal and to focus on the fight against racism.

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