Archived Legal Articles from 2020

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Intellectual Property Considerations for New Ventures


It is undoubted that the recent "lockdown" measures that have been implemented by the UK government have placed significant financial pressures on businesses across all sectors. Despite such and in order to adapt during challenging and everchanging market conditions, over recent months, we…

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Survey reveals continued IR35 concerns for UK businesses


HMRC introduced the 'off-payroll working rules', commonly referred to as the 'IR35 rules' in 2000, to tackle situations where some contractors took advantage of the tax efficiencies of providing their services through their limited company or another type of intermediary, when in…

Intellectual Property Work Undertaken by Forbes' Commercial Team


Forbes' Commercial team regularly provide intellectual property services, such as advising on and assisting with trade mark registrations in the UK and beyond, and handling disputes not only where our clients' intellectual property rights are being infringed, but also where our clients are…

Contract considerations for the end of the Brexit transition period


Since the publication of our earlier article highlighting key aspects of contracts which should be considered in light of the forthcoming end to the Brexit transition period ( ), negotiations between the…

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Protecting your assets from any potential downturn in trading


With uncertainty in the market, now is a good time for businesses to be considering how they best protect their assets from any potential downturn in trading. Key assets, such as business premises, intellectual property rights, plant and machinery, etc. - even cash - can all be ringfenced by moving them…

Brexit: Preparing for the end of the transition period


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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Corporate Insolvency and Governance Act 2020: impact on supply chains


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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Not a Minute too Soon for Late Payment Reforms


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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UK Intellectual Property Office announces end to "interruption days"


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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ICO Publishes Guidance for Workplace Testing


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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COVID-19: Managing construction contracts


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


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


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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Meeting the Challenge: COVID 19 and Virtual Meetings


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


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


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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Limitation of Liability clauses in construction contracts: key considerations


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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