For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth (particularly during late night closing processes) is the law around the requirements for …
The High Court has ruled in a case regarding a director’s conduct in relation to an administration pre-pack sale. In Capital for Enterprise Fund A LP and Maven Capital Partners UK LLP v Bibby Financial Services Ltd [2015], the secured loan creditors claimed that they suffered loss as a result of one of the directors …
Continue reading “Points on pre-packs: directors’ duties in an administration sale”
Damages litigation in a commercial context is often viewed as a distinctly double-edged sword: your company may have been harmed and may have lost significant money or opportunity but the cost of recovering these, the time involved and the exposure in potentially not succeeding often lands such potential claims in the distant corners of the …
Continue reading “The rise of third-party funding: turning potential claims into a profit centre”
Right to rent checks were introduced by the Immigration Act 2014 and, following a successful pilot scheme in parts of the West Midlands, became effective for all private tenants in England from 1 February 2016 (currently, the scheme does not apply in Scotland, Wales or Northern Ireland).
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] is set to be the leading authority on implied terms for some time to come. The Supreme Court confirmed that the more restrictive test of strict necessity remained applicable in all cases. All practitioners must understand the impact of the decision …
Continue reading “M&S and implied terms: better not left unsaid…”
Where an agreement has an alternative dispute resolution (ADR) clause, it frequently has either a simple ADR clause or ‘escalation’ clauses (sometimes called ‘tiered’ or ‘stepped’ clauses). Then, where a commercial dispute arises, the parties to such an agreement are usually required to try to negotiate a settlement to the dispute. This could involve a …
Continue reading “Commercial dispute resolution clauses: be amicable or be friendly?”
Cyber security is a business imperative, and the reason is simple: the impact of a security breach can be severe. Any approach to cyber security must address each group that has access to the systems and data of a business, such as its customers, providers, affiliates and employees. This article is focused on the cyber …
Continue reading “Contracting for cyber security risks for customers”
Naive or disgruntled employees frequently pose the greatest risk to cyber security and, more widely, protection of confidential information.
When British costume designer, Jenny Beavan, won the Oscar for her work in Mad Max: Fury Road at the 2016 Academy Awards, she said in her acceptance speech that the film could be ‘horribly prophetic if we’re not kind to each other, and if we don’t stop polluting the atmosphere’. Mad Max is set in …
Continue reading “Sustainability and IP: a match made in heaven?”
The Digital Content Directive (the Directive) being pushed through by the Dutch EU presidency could have a significant impact on UK businesses supplying digital content. The Directive is part of the Digital Single Market Initiative. There are also draft directives on copyright law, geo-blocking and the online sale of goods. But the Digital Content Directive …
Continue reading “The Digital Content Directive: draft in haste and repent at leisure”