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Opinion  |  24:02:21
Enforcing restrictive covenants following an M&A deal
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.
Opinion  |  18:01:21
The final hurdle: what does the Supreme Court’s decision on business interruption insurance claims mean for you?
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.
business interruption
Opinion  |  06:01:21
Business interruption insurance (BII) update: FCA draft guidance on proving presence of Covid-19
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.
Opinion  |  06:01:21
Commerce & Law: what to expect in 2021
This article summarises some of the key developments expected in commercial, consumer and contract law in the UK in 2021 and beyond.
Opinion  |  23:11:20
Update: the business interruption insurance (BII) appeal – will businesses get all they want for Christmas?
In September we published our summary of the lengthy BII test case judgment to assist businesses in understanding what this meant for them.
Opinion  |  04:11:20
Electronic signatures: can you digitally sign your life away?
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'?
Opinion  |  03:11:20
Pride Comes Before a Fall – The Johnny Depp Case
Pride comes before a fall, so the proverb goes, meaning if you are too full of yourself, something will happen to make you look foolish. Is that the case here?
diamond-ring
Opinion  |  30:10:20
Warning for retailers: the curious case of Phillip Lloyd Jewellers and a lost diamond
Last month [October] it was widely reported in the trade and national press that Reigate High Street Jewellers, Phillip Lloyd Jewellers (“PLJ”) lost its Court case against a disgruntled customer over a lost diamond.  PLJ has been ordered to compensate the customer up to £30,000.
Opinion  |  02:04:20
Directors’ duties in troubled times – updated 2 April 2020
When a company is solvent and business is good, the company and its directors owe fairly limited duties to creditors (save, of course, for contractual obligations).  Directors must act in the best interests of the company at all times and must promote the success of the company for the benefit of its members as a whole. 
Opinion  |  19:03:19
What does the latest Supreme Court decision on Wells v Devani mean for estate agents, business transfer agents and consumers?
The recent Supreme Court decision in Wells (Respondent) v Devani (Appellant) 2019 has important implications for estate agents, business transfer agents and consumers. This was an appeal relating to an earlier decision in the Court of Appeal, which we had reported on in Estate Agent Today magazine back in October 2017.
Directors liable
Opinion  |  22:01:19
Are directors right to be concerned about personal liability?
Following a survey of 2,500 senior executives from across Britain, Spain, Italy and France, the Times has recently reported that one in four company directors has been subjected to at least one legal action from an employee, shareholder or regulator.
Opinion  |  02:01:19
Can a claim for adverse possession succeed where the circumstances involve fraud?
In the recent Court of Appeal case of Rashid v Nasrullah [2018] EWCA Civ 2685 the Court considered whether a registered proprietor of the property could successfully claim adverse possession (sometimes known as squatters rights) of land which had been fraudulently transferred to him.
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