14/12/20
Following the publication of the Competition and Markets Authority (CMA)'s final report into competition within digital markets which contained certain recommendations, as further detailed in our earlier article , the UK government called for the CMA to establish a Digital Markets Taskforce ('…
07/12/20
On 1 July 2020, the Competition and Markets Authority ('CMA') published its final report [AM1] having assessed how well digital advertising platforms are working, and the role of Google and Facebook within them. The report was prompted by several calls for the CMA to review the online…
01/12/20
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…
26/11/20
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…
16/11/20
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…
03/11/20
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 ( https://www.forbessolicitors.co.uk/news/47169/brexit-preparing-for-the-end-of-the-transition-period ), negotiations between the…
20/10/20
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 In its recent decision in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the Supreme Court has provided clarity on the approach to be taken to determine the law governing arbitration agreements. After a fire broke…
09/10/20
Coronavirus has undoubtedly dominated the headlines over the last few months, but intellectual property (IP) owners are encouraged to not forget that the Brexit transition period comes to an end at 23:00 on 31 December 2020, and this will result in changes which owners of IP should be aware of. The…
06/10/20
PPN 04/20 provides essential considerations for those in the construction sector, acknowledging that Covid-19 is not a shot term crisis. Partnership and transparency Contracting authorities are reminded to continue to work in partnership with suppliers, to pay suppliers as promptly as possible…
21/09/20
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…
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,…
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…
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…
01/07/20
The Covid-19 crisis had led to extraordinary measures being taken by product manufacturers across the globe. In the UK, we have seen many businesses adapting production capability away from their usual products to help deal with the lack of supply of certain medical products and PPE. We are also…
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,…
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,…
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…
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…
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…
31/03/20
Following the decision of the government to place the majority of the working population into lockdown, ordering that all non-essential employees work from home, the UK Intellectual Property Office ("UKIPO") has followed suit, and has closed its Cardiff Headquarters. Owing to the…
25/03/20
The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…
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…
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,…
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…
