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Covid and Cancelling Consumer Contracts

Julia Seary
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On 28 August 2020, the Competition and Markets Authority (CMA) published an updated version of its "Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds" which was first published on 30 April 2020. The statement now...

Schrems II explained

Julia Seary
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There has been much talk recently within the media and industry of the impact on data protection rules since the announcement of the ‘Schrems II’ judgment, but what is this case and how might it affect us? The Position to Date Data transfers...

Data Protection: The End of the EU-US Privacy Shield

Julia Seary
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The Information Commissioner's Office (ICO) is currently reviewing its Privacy Shield and Standard Contractual Clauses guidance following the judgment issued by the ECJ in the case of Data Protection Commissioner v Facebook Ireland and Maximillian...

Maintaining test-and-trace records of staff, customers and visitors

Julia Seary
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New guidance has been released by the Government on maintaining test-and-trace records of staff, customers and visitors during the COVID-19 pandemic. This guidance applies to establishments in the hospitality, tourism and leisure sectors, and close-contact...

The Corporate Insolvency and Governance Act 2020

Julia Seary
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The Corporate Insolvency and Governance Act 2020 came into force on 25 th June 2020 , with the aim of “Relieving the burden on businesses during the Coronavirus outbreak.” The Act: Provides companies with temporary easements on Companies...

Covid-19 - response update

Julia Seary
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As you will be aware, this month the Government eased the lockdown measures in England.  As from 15 June 2020, non-essential retail premises were permitted to open, as were drive-in cinemas, retail art galleries, betting shops, auction houses,...

Covid-19 and commercial contracts: Material Adverse Change

Julia Seary
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In some types of contracts/agreements it is common to see a Material Adverse Change or MAC clause to deal with one party’s significant and damaging changes in commercial circumstances.  This is particularly the case in financing documentation...

Covid-19 and commercial contracts: Traders selling to consumers

Julia Seary
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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance.  There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Supplying goods

Julia Seary
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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance.  There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Frustration

Julia Seary
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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance.  There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Covid-19 and commercial contracts: Force majeure

Julia Seary
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The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance.  There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...

Understanding orders

Peter Cusick
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The news last week highlights the horrific situation facing many growers. The dramatic fall in sales arising from the lockdown coupled with the perishability and seasonality of plants means the sector faces a nightmare scenario. Within the news there are...

Can I invoke force majeure?

Julia Seary
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If you are considering whether a force majeure clause can assist in dealing with current circumstances, we have set out below a summary of the main points to consider.  The key take-away is not to assume that a standard force majeure sweeper/general...

Does my website need a cookies consent pop up?

Julia Seary
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In the new age of GDPR and rigorous electronic data protection laws, the availability and use of cookies can no longer be taken for granted.. In terms of data, a cookie is a text file with the ability to track your activity across the internet and...

Corporate transparency and register reform consultation: protection for transgender directors of UK limited companies

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On 5 May 2019, the Department for Business, Energy & Industrial Strategy published a consultation to reform corporate transparency. Generally, the consultation looks at guarding against the misuse of UK corporate entities and balancing transparency...

Family Investment Companies

Lizzie Walters
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It is often a frightening concept to give away hard-earned assets and lose control over them and this, together with concern over future cash flow, can be a barrier to putting assets into trust or simply making gifts. One of the key benefits of a family...

Jeddi v Sotheby's and others: a reminder of the risks of oral agreements

Emily Wilson
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It is an all too familiar narrative starting with a person claiming to have fallen out with a business partner, supplier or contractor and not knowing what to do next. It inevitably turns out that neither party saw the need nor had the inclination to...

GDPR: what you need to know

Julia Seary
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The General Data Protection Regulation (GDPR) is new legislation which will impact nearly all organisations across Europe from 25 May.  The regulation has been introduced in order to strengthen current personal data privacy laws and put all European...

Companies House gets tough with PSC non-compliance

Emily Wilson
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In its recently published 2018-2019 Business Plan, Companies House has set out its robust approach to companies not complying with their Persons with Significant Control (PSC) requirements. Since June 2016 UK companies have been required to hold an...

Are you GDPR ready?

Julia Seary
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The General Data Protection Regulations (GDPR) come in to force in May 2018 and, despite the fact that they have been widely publicised since 2016, a recent survey identified that only 7% of business felt they were ‘very prepared’ for the...

Interest rate increase - what it means for debt recovery

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On 2 November 2017 the Bank of England reversed the drop in interest rates which came into effect on 2 August 2016. This means the base interest rate is back up to 0.5%, a level first introduced in March 2009. What does this mean for your entitlement to...

Farmers benefit from diamond decision

Julia Seary
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The Commercial Agents (Council Directive) Regulations 1993 was implemented to clarify and protect the rights of commercial agents who engage with principals to sell products on their behalf.  Generally, commercial agents have the right to a compensation...

The risks of being a sole shareholder/director

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The risks of being a sole shareholder/director: Court provides a timely reminder of the need to review your company’s Articles of Association Are you a sole shareholder/director of your company? Do you have children, other family members or trusted...