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Coronavirus and business to consumer (b2c) contracts: what are the implications?
09 March 2020As Coronavirus fills up our news feeds, attention is turning to the impact it is having in the workplace and, ultimately, on the provision of goods and services that we all buy and sell as consumers.
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Court of Appeal refuses to depart from "natural and ordinary" meaning of commercial indemnity clause
26 February 2020The Court of Appeal has considered the construction of an indemnity clause in a trust deed holding that the words used should be given their natural and ordinary meaning. The case highlights the importance of clear and careful drafting as the courts will not readily rescue parties from the effects of the words used even where this means an unexpected advantage for a party.
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Court of Appeal confirms dominant purpose test for legal advice privilege
19 February 2020The Court of Appeal has recently provided guidance on the scope of legal advice privilege. The guidance is particularly important for in-house lawyers and those with a hybrid legal and commercial role.
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Counting the cost of the Coronavirus
17 February 2020The spread of the Coronavirus (officially named COVID-19) shows no sign of abating. There have been around 71,000 confirmed cases worldwide and around 1,700 deaths (as at 17 February 2020). Authorities in China have put parts of the country in lockdown to limit the spread. An estimated 500 million people in the country are affected by restrictions.
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Terminating contracts: breaking up is never easy...
12 February 2020The UK has now left the EU. However, the precise terms of our departure are as yet unclear. In the face of uncertainty, prudent businesses are assessing contracts, their cost base and their exposure to currency fluctuations. As part of such a review, the well-prepared need to develop exit strategies where arrangements have become, or will become, unprofitable.
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ICO ‘dispenses’ its first GDPR fine
29 January 2020You’d be forgiven for missing it: while the rest of us were busily hanging tinsel and counting down the days to Christmas on our advent calendars, the ICO handed down its first GDPR fine – in the sum of £275,000 – to Doorstep Dispensaree (DD), a provider of pharmacy services to care homes. The decision is of note not just because it’s the first fine issued by Ms Denham, but also because of the other powers she exercised along the way (i.e. Information and Enforcement Notices, in addition to Monetary Penalty). Heralding another first, DD’s appeal against the Information Notice was the first to reach a final determination in the First-Tier Tribunal under the new regime.
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2020 Tech Predictions
08 January 2020Well, it’s that time of the year where we use our 20/20 vision to see what exciting technology changes lie ahead in the next year and beyond. As it’s 2020, we couldn’t resist the urge to treat you to 20 of our best tech predictions, which build on the themes from our Tech Predictions for 2019.
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How damages are measured can make a stark difference in claims for breach of a tripartite collateral warranty
06 December 2019The High Court has given one defendant a stark lesson in how the measure of damages can make a significant – and costly – difference to the value of a successful claimant’s remedy.
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Consumer Law Update: Who’s on the regulatory radar for 2019/20?
24 September 2019The Government and the CMA are intensifying efforts to strengthen consumer protection in the UK with a strategic focus on ambitious enforcement of existing laws and empowering consumers through accessibility to their data.
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Law Commission confirms legality of electronic signatures
19 September 2019Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”
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Misrepresentation: the truth, the half-truth and anything but the truth
19 September 2019When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.
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More than just a stadium…
18 September 2019However it’s done, whether being rebuilt from scratch (Tottenham Hotspur, Chelsea, Arsenal), expanded (Liverpool) or converted from other uses (West Ham, Manchester City), one thing for certain is that football stadiums are big business. In this article, we explore some of the current projects and highlight some of the hot topics surrounding these cathedrals of the national game.
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ICO: Update Report into Ad Tech and RTB
17 September 2019On 20 June 2019 the UK’s data protection regulator issued a progress report setting out her initial concerns about the use of personal data in the ad tech sector – which she describes as “immature in its understanding of data protection requirements” – in particular when it comes to real time bidding (RTB).
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ICO: Updated guidance on the use of cookies and similar technologies
17 September 2019On 3 July 2019 the UK Information Commissioner’s Office (ICO) issued updated guidance on the use of cookies (and similar technologies), in which it has set out its interpretation of the impact of the General Data Protection Regulation (GDPR) on the cookie rules contained in the Privacy and Electronic Communications Regulations (PECR).
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Contract interpretation: a helpful recap by the Court of Appeal
03 July 2019At the end of March 2019, the Court of Appeal handed down a decision which provided a helpful reminder of the modern approach to interpreting contracts.
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The inexorable rise of video advertising
02 July 2019London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.
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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate
04 June 2019In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
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Government’s “porn block” roll out delayed
01 April 2019Two weeks ago we commented on the anticipated introduction of age verification controls on porn sites which were due to come into force today. It is now understood that the implementation of these controls has been delayed, with some media outlets reporting that an official announcement is expected this week.