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Commercial Litigation

COVID-19: insolvency and winding up petition changes

Kevin Sullivan
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The impact COVID-19 is having on businesses and individuals is enormous and unprecedented. In response, governments across the globe are adapting to mitigate the economic disruption and to enable struggling businesses to weather the storm. On 28 March 2020,...

Is coronavirus a force majeure event?

Tracy England
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The UK government has recently announced guidance to contain the spread of coronavirus, advising that people should avoid pubs, clubs and theatres and stop all non-essential travel.  With the impending disruption posed to businesses, from cancellation...

Force majeure: Is Coronavirus an Act of God?

David Wisbey
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This is one of a number of questions I have been asked by a client about the impact of the coronavirus on supply chains. Our client manufactures car components in factories in China. It also relies on suppliers of sub-components and raw materials that are...

Can your email footer amount to a signature?

Perdeep Grewal
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The world’s oldest known signature, from Sumeria (in modern-day Iraq), was added to the back of a clay tablet in circa 3100 BC. Fast forward to the 21st century, electronic signatures are now used as a popular and quick way to execute documents. Do...

Alternative Dispute Resolution - I'll see you in mediation!

Perdeep Grewal
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While Brexit continues to make the headlines, there have been major developments in the field of alternative dispute resolution, also known as ADR. The Civil Justice Council published its ADR and Civil Justice Final Report which outlined the ways ADR is...

Oil be the judge of that!

Perdeep Grewal
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Can directors be held personally liable for representations they make on behalf of a company?   In the case of Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya [2018] EWCA, the Court of Appeal upheld an earlier decision for damages against...

A case of no interest on a loan

Perdeep Grewal
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  You decide to loan money to someone under an oral agreement, but you did not consider whether they should pay you added interest. Should interest be implied? Should you be entitled to interest? This was a significant issue discussed in the case...

Louboutin gets a better break than Kit Kat

Tim Field
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In what can often be seen as the complicated world of intellectual property, why did Kit Kat lose their trademark case whilst Louboutin’s red soles won? Many people will be equally familiar with the trapezoidal snack bar and the striking red soles of...

Costco loses latest trademark legal battle with Tiffany & Co

Thomas Emmett
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Be careful when making associations with famous brands! Nearly everybody will be aware of the jewellery chain Tiffany & Co and their famous Tiffany rings.  A majority of people however may not be aware of the long running legal battle between...

Singhsbury's vs Sainsbury's - the battle of the burys

Thomas Emmett
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It seems that a day doesn’t go by without another report relating to the subject appearing in the news and this week is no different, with major newspapers and other media outlets reporting that a large superstore threatened legal action against a...

2016 Legal 500 results are out!

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"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...

The pyramid scheme that cost the promoter £1 but made £40k

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I read this article on the BBC news website earlier today - Promoter of £21m pyramid scam ordered tp pay back £1 This case highlights the danger of pyramid schemes and illustrates there is little to deter those who are prepared to fraudulently...

Solutions to the stress of HMRC tax loophole closure

Kevin Sullivan
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If you are a company director whose business is threatened with insolvency following the Finance Act 2014 becoming law in July – we have some solutions. If you are not sure of your situation let me enlighten you: if you took advantage of an untested...

Sustainable energy shouldn't make businesses feel green

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While it is now clear that the UK must do more to create its own energy, there is no consensus as to how and where this energy should be produced. Each possibility poses its own concerns – has ‘fracking’ been suitably tested? What if...

The costs of 'Plebgate'

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‘Plebgate’ MP has libel budget limited to court fees.  The high-profile case involving Andrew Mitchell MP has recently made headlines again. The High Court has ruled that Mitchell’s libel budget will be capped to court fees due to...

EU reform proposals to include Data Protection Officers - the MoJ says 'nul point'

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In line with previous statements on this issue the UK government has categorically stated that businesses should not be placed under any further commitment to appoint dedicated data protection officers that they would have had to under a new EU data...

Sharing is caring...for Google, but not for Europe

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It was reported recently that Twitter was selling-off tweets to marketing companies, and that as of 1 March 2012 Google changed its privacy policy for all of its services (including YouTube, Gmail and Blogger). In neither case was the user informed of this...

Love Litigating Lawyers Day!

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It has come to my attention that today (Friday 31 August) is ‘Love Litigating Lawyers’ Day! This coincides nicely with my qualification into the Chelmsford Commercial Litigation team meaning there is now one extra litigation lawyer to love at...

Trolling victim wins case against Facebook

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The word “troll” has been adopted to identify individuals who post inflammatory comments on online discussion forums, chat rooms or blogs with the primary aim of provoking an emotional response from readers. Most of us are now familiar with this...

1,000 jobs feared to be lost in Essex

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Petroplus, the owner of the Coryton oil refinery in Essex, has appointed administrators following its Swiss parent company filing for insolvency proceedings. They employ hundreds in our region and supply around 20% of fuel for London and the South East. ...

Permitting television cameras in courts

Adrian Livesley
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I was reading a statement sent to me yesterday by the Judiciary of England and Wales regarding the permitting of TV cameras in courts. If I linked to the statement I’d have to shoot you, but it has been reported here –...