Lewis Silkin - Search Results

Navigating the UK's Digital Regulation Landscape: Where are we headed under Labour?

18 June 2024

The success of the UK’s digital sector and regulatory regime is also inextricably linked to the wider world - ideas, talent, research and investment flow across borders, and our ability to invent and market innovative technology is critical.

Former BHS directors in breach of duties and personally liable despite taking professional advice on insolvency. Where does this leave directors of distressed companies?

02 July 2024

The High Court has handed down a 533-page judgment in proceedings brought by the liquidators of BHS against its former directors for wrongful trading and misfeasance trading, finding them personally liable for at least £18 million. The case is of great significance to directors of distressed companies. We analyse some key points arising.

When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)

27 September 2015

As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.

When will a court override an exclusive jurisdiction clause?

30 November 2015

In Jong v HSBC Private Bank (Monaco) SA [2015] EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.

When a loss becomes a gain: accounting for gains made when mitigating losses

01 February 2016

Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?

Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement

04 February 2016

The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.

When does notice to terminate an employment contract take effect?

30 March 2017

The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.

When does a chat with competitors become illegal?

09 October 2017

We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.

When does service provision change amount to transfer of an economic entity?

31 January 2018

The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules

When to pay interns?

09 February 2018

Media outlets have reported that HM Revenue and Customs (HMRC) has initiated a crackdown on unpaid internships, including sending letters warning that “workers” must be paid the national minimum wage and setting up teams to tackle the problem.

When the clock strikes midnight there is no more time to go to court!

08 March 2018

In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight.

A warning to solicitors and legal HR – when settlement agreements go too far

05 April 2018

Non-disclosure agreements (“NDAs”) have become hot news. From Harvey Weinstein to Donald Trump, rich and powerful men stand accused of using them to silence women and cover up bad behaviour.

Mercky stuff: when do websites target the UK? (Brands & IP Newsnotes - issue 7)

23 April 2018

Over the last few years, a long-running dispute has heated up between the US and European pharmaceutical companies that both trade under variations of the name “Merck”.

Sports Q&A - What are the key terms to be aware of when preparing and negotiating Heads of Terms in lease transactions?

01 April 2019

Here we look at some of the key things to be aware of with regards to heads of terms (HoTs) in commercial lease transactions, such as taking new office space or granting a lease of space in a stadium, and why HOTs are so important.

I didn’t sign up for this! Can parties escape obligations when the deal changes?

27 April 2020

It is estimated that 20% of the world’s population is living under some form of lockdown as various governments roundly seek to combat the spread of Covid-19. The impact has seen businesses forced to adapt to a reality that they would never have envisaged. Measures in the UK have left a variety of sectors reeling as shops have shut, operations have been restricted and events have been cancelled.

It’s a T8 – should employees have the day off when WFH?

20 August 2020

Pre-2020, when there was no Covid-19 and employees generally worked in offices, factories, shops, etc. and not from home, the issuing of a Typhoon Warning Signal No. 8 (“T8”) by the Hong Kong Observatory would have been met with a mixture of concern about falling trees and personal and family safety, together with a little excitement at having an unexpected day off work. But what is the situation now for those working from home?

Search Results

Search Filters