Archived Legal Articles from 2020

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September

Brexit: Preparing for the end of the transition period

01/09/20

The UK formally left the EU on 31 January 2020 and is currently in the transition period. On 12 June 2020, the UK Government formally confirmed to its negotiating partners that it would not seek an extension to the transition period therefore it will expire on 31 December 2020. On 30 July 2020,…

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August

Corporate Insolvency and Governance Act 2020: impact on supply chains

17/08/20

It is standard practice in a contract for the supply of goods or services, for the parties to agree a clause that allows the supplier to terminate the contract with immediate effect upon the customer's insolvency. However, the Corporate Insolvency and Governance Act 2020, which came into force on 26…

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July

Not a Minute too Soon for Late Payment Reforms

02/07/20

In January, the first reading of The Small Business Commissioner and Late Payments etc Bill 2019-21 (the "Bill") took place in the House of Lords. In what would be a welcomed development for contractors in the construction sector, the Bill proposes wide-ranging reforms to current statutory…

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June

UK Intellectual Property Office announces end to "interruption days"

26/06/20

In line with the government's lockdown measures, on 24 March 2020 the UK Intellectual Property Office ("UKIPO") closed its offices, declaring that until otherwise notified, "interruption days" would apply to all of its day-to-day functions. This has seen ongoing trade mark,…

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May

ICO Publishes Guidance for Workplace Testing

18/05/20

The ICO has published 'Workplace Testing - Guidance for Employers' in order to assist employers considering introducing workplace testing in a bid to make workplaces safe in light of the coronavirus pandemic. The starting point is that as long as there is a good reason for doing so,…

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April

COVID-19: Managing construction contracts

24/04/20

Contractors concerned that they could face delays or increased costs as a result of COVID-19 should consider whether they have any express entitlements to relief under their contract. This article will consider the possible entitlements under JCT and NEC standard form contracts. JCT Force…

COVID-19 - implications for consumer contracts

22/04/20

For businesses facing supply chain disruption, an important consideration is the potential impact on consumer rights. Consumer contracts (business to consumer) are subject to additional rules, mainly found in the Consumer Rights Act 2015 (CRA) and Consumer Contracts (Information, Cancellation and…

COVID-19: Tips for managing contracts

06/04/20

Businesses across all industries are facing enormous disruption and uncertainty due to COVID-19. It is becoming increasingly apparent that the current restrictions on commercial activity and individuals' rights of movement may be in place for several months. As a result, attention is turning to…

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March

Meeting the Challenge: COVID 19 and Virtual Meetings

27/03/20

The coronavirus pandemic is presenting organisations of all kinds (including charities, schools and colleges, housing providers and businesses across the board) with complex issues as urgent decisions need to be made by decision-makers who are harder to bring together. In these unprecedented times,…

COVID-19 and frustration

25/03/20

COVID-19 and frustration If a commercial contract does not contain a force majeure clause, or COVID-19 is not covered by such a clause, the legal doctrine of frustration may apply. Frustration operates to discharge the contract automatically and immediately where there is a significant change of…

COVID-19 and force majeure

18/03/20

The coronavirus outbreak has been labelled a pandemic by the World Health Organisation. This raises questions such as whether COVID-19 is a force majeure event and whether an organisation can be excused from its contractual obligations in the circumstances. Force majeure events refer to acts,…

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January

Limitation of Liability clauses in construction contracts: key considerations

13/01/20

When negotiating commercial contracts, parties often become embroiled in extensive negotiations when it comes to each party's legal liability in the event that a breach of contract takes place. This is particularly apparent within the construction sector, which is largely owing to the affect that…

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