Insights & News
Search for Insights & News
- 249 results found
- All (249)
- Others (188)
- Press (36)
- Inbriefs (14)
- Press Releases (10)
- Case Studies (1)
-
Legal Professional Privilege Update
21 April 2020This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
-
Does the management team of a professional services firm have the power to deal with an extended lockdown?
17 April 2020Like all other businesses, professional services firms are feeling the effect of the coronavirus outbreak and are having to take steps to ensure survival in a world of mass remote working, empty offices, a decline in clients seeking services and increasing financial pressures.
-
Implying terms into commercial contracts impacted by COVID-19
31 March 2020We live and work in unprecedented times. The health of the population is rightly the priority, but it is abundantly clear that steps taken to prevent the spread of COVID-19 are having a very significant impact on the ability of businesses to fulfil obligations in commercial contracts.
-
COVID-19: force majeure and frustration flowcharts
29 March 2020The Coronavirus situation may interfere with contractual performance for a variety of reasons. Download here our flowcharts of the issues for those considering whether it is possible to bring contracts to an end (or suspend performance of contractual obligations) without breaching the contract by relying on contractual force majeure clauses or the common law doctrine of frustration.
-
Dispute Resolution Update - March 2020
12 March 2020Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
-
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.
-
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.
-
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.
-
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.
-
Dispute Resolution Update - January 2020
16 January 2020Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
-
Restrictive covenants and team moves: three key employee competition cases in 2019
08 January 2020A significant threat to any business is the risk of employees leaving to set up in competition and misusing confidential information or trade secrets in doing so. We look back at three of the most significant employee competition decisions of 2019 in this constantly evolving area of law.
-
Witness statements in the Business & Property Courts: no radical change, but room for improvement
07 January 2020After 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.
-
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.
-
Privilege lost in otherwise protected documents due to inclusion in settlement agreement
04 December 2019In a recent case, the Court of Appeal (“CA”) upheld a ruling that documents which would otherwise have attracted “without prejudice” privilege had lost their privileged status because they had been incorporated into a settlement agreement. The documents were therefore disclosable.
-
Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful
21 November 2019The 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.
-
Parties making false statements in pre-action witness statements to face proceedings for contempt of court
18 November 2019In 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.
-
“Once privileged, always privileged”
24 October 2019The Court of Appeal has held that legal advice privilege attaching to communications between a company client and its lawyers survived the dissolution of the company client, even where the Crown had disclaimed its interest in the documents concerned.
-
Lloyd v Google: data breach class actions, have the floodgates opened?
16 October 2019The Court of Appeal has granted permission for a US-style (opt-out) “class action” to be brought on behalf of 4.4 million unidentified iPhone users against Google, to be served out of the jurisdiction. Mr Lloyd’s claim seeks uniform damages for unlawful use of browsing data without proof of damage for each individual. This ground-breaking decision overturns the High Court decision and sets the scene for the first UK class action for misuse of data.
-
Lewis Silkin’s employment litigation team shortlisted for award at Legal Week Commercial Litigation and Arbitration Awards
Press Release
15 October 2019Lewis Silkin is delighted to announce that its market leading employment litigation team led by Toni Lorenzo and Michael Anderson has been shortlisted for Employment, Pensions and Incentives Litigation Team of the Year at the Legal Week Commercial Litigation and Arbitration Awards.
-
Dispute Resolution Update - October 2019
10 October 2019Welcome to our October 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.