Articles in ‘Dispute Resolution’ Category

Many of us in these difficult times are working from home and conducting business through our computer screen. This business will often involve the creation, variation, and termination of contracts and many other transactions besides, often of considerable importance and value. I was recently asked whether ‘electronic signatures’ have the same legal effect as traditional ‘wet signatures’?

In September we published our summary of the lengthy BII test case judgment to assist businesses in understanding what this meant for them.

This article summarises some of the key developments expected in commercial, consumer and contract law in the UK in 2021 and beyond.

Our Dispute Resolution team continues to monitor developments around the business interruption insurance (BII) case as more detail on how to claim emerges following last year’s judgment.

The much anticipated Supreme Court judgment in the FCA’s business interruption insurance test case has been delivered. The decision brings definitive guidance on the operation of cover under non-damage interruption policies. Overall, the appeal reflects a victory for policyholders and provides peace of mind for many businesses who will now be able to progress their claims for Covid-19 related losses.

Restrictive covenants are an essential tool for retaining goodwill and value in any business that you are looking to acquire. This is particularly so where the seller is intrinsically linked to the business or has the skillset to immediately compete with the target business, and could therefore quickly diminish its value.

From the vote on 23 June 2016 to the end of the transition period on 31 December 2020, it took three and a half years, but Brexit has happened. With the no deal scenario prevented at the last minute, what has the fallout been so far?

We have now seen the judgment in the FCA’s test case applied in practice. Businesses with insurance policies with Travelers Insurance Company should beware.

Banking and financial services businesses have for many years monitored the work patterns and behaviours their staff. Since the coronavirus pandemic and the subsequent seismic shift in working patterns, we are now seeing an increasing number of employers monitoring their staff in their own homes.

Since the GDPR came into force in 2018 (replaced by the UK GDPR post Brexit) there has been a steady rise in the number of claims for damages brought by claims management companies and no win-no fee law firms. 

On 4 May 2021, the Government will be launching the Debt Respite Scheme (Breathing Space) in order to grant those with problem debt the right to some protection from creditors. While this is timely in terms of those for whom Covid has seriously impacted their finances, the scheme is actually part of a much wider picture of helping debtors to pay off their creditors under less stress.

Monopoly needs no introduction. Who hasn’t played the internationally recognised board game, whether the original version set around the streets of London (UK version) or one of the many reincarnations thereof?