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From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

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Subscribe to this list via RSS Blog posts tagged in Commercial Contracts

The total number of individuals being formally declared as insolvent has reached its highest level for the past six years, based on data from March to May 2018. There are now a record number of UK citizens proceeding with Individual Voluntary Agreements (IVA’s), an arrangement whereby individual debtors agree to repay their creditors some or all of what they owe.

Amongst the current turmoil surrounding the UK’s exit from the European Union, a recent survey on commercial legal services behaviour by Thomson Reuters adds to the litany of negative news emanating from all parts of UK society.

A recent ruling by the High Court in London has resulted in a decision to award a health services contract to a private company being blocked.

Lancashire County Council wanted to outsource children’s health services to private provider Virgin Care, in a contract worth £104m. However, a combined challenge to the contract from Blackpool Teaching Hospitals Trust and Lancashire Care NHS Foundation Trust (LCFT) succeeded in arguing that Lancashire County Council had not followed the correct procurement process.

In what has been described as one of the largest contract update and re-drafting exercises in history, legal services provider Axiom is now able to provide an AI (artificial intelligence) based process designed specifically to help companies update over 7.5 million financial services agreements and contracts in the run-up to Brexit.

Andrew McCabe, the former FBI Deputy Director whose employment contract was recently terminated by USA’s Trump administration has managed to raise over $300,000 (over £200,000) to cover legal defence costs via the crowdfunding platform ‘GoFundMe’.

Funding your commercial claim, be it for professional negligence, a contract dispute, insolvency or a shareholder dispute, is often a crucial part of you being able to pursue your case. Below is a list of the main factors in funding a claim:

Following a recent decline in the value of the luxury car market, former business partners Petro Levchenko and Karan Abbott are now facing an unedifying – and expensive - High Court battle to decide who is at fault for the losses their partnership incurred.

Having originally met each other in a London shisha bar, and with subsequent meetings at a string of fashionable London nightspots, Levchenko and Abbott originally agreed to form a business relationship that would combine Levchenko’s experience as a trader in digital currencies with Abbotts passion for the luxury and rare car market.

At a recent trial at California’s Federal court, internet sensation, inspiration for hundred’s of memes and merchandise success story Grumpy Cat has successfully sued a US coffee company over a breach in the agreed terms of image rights and usage.

Grumpy Cat – most famous for her permanently unhappy but comically doleful expression – was awarded $710,000 (equivalent to £500,000) in compensation, along with a nominal $1 for breach of contract against US coffee company Grenade.

As the UK moves steadily closer to March 2019’s formal exit from the European Union, it is important that businesses across all sectors and of all sizes understand the impact that Brexit may have on their intellectual property and trademarks, and to make necessary changes now to help mitigate against possible legal action and litigation in future. SME’s (Small and Medium size Entities) make up over 98% of the UK’s 5.7m private sector businesses, employing over 16m people and representing £1.9 trillion in turnover p/a. The main issues for SME’s to consider and address in the run-up to Brexit from an IP and trademark perspective include:

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Following a significant number of objections from within the legal profession in 2017, HM Courts and Tribunal Service (HMCTS) chief executive Susan Acland-Hood has committed to re-introducing a range of pilot schemes to assess the impact of revised and more flexible court hours. This follows feedback on the original consultation in which it became clear that as desirable as it may be, the actual practicalities of extending court operating hours may mean the idea is abandoned altogether.

In amongst the recent flurry of political activity that resulted in last week’s phase 1 Brexit agreement, solicitors and law firms throughout the UK are generally pleased with the impact that the current direction of travel should have on UK law.

"Neither Party shall be liable to the other under this Sub-Contract for loss of profits, revenue, business, goodwill, indirect or consequential loss or damage."

Above is the clear and unambiguous liability exclusion clause, found in a ten-year sub-contract between IBM and Fujitsu, whereby Fujitsu agreed to provide management, support and IT infrastructure maintenance as and when needed, to fulfill the IT and business process change service needs of the DVLA - who held the main commercial contract with IBM.

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Latest News

  • A large scale contract dispute claim has commenced involving a Hull based energy plant and one of its main contractors. The plant – Energy Works Hull – terminated the contract for MW High Tech Projects as they claim that the contractor had not met the agreed project completion date. Energy Works Hull are seeking £133m in damages to cover the cost of rectifying defects, delay damages and added costs to complete works. In response, MW High Tech Projects is disputing the claim and has subsequently filed a counterclaim for just under £47m, based on provisions they say are in the original contract that provide for payment following a termination for convenience. The two parties are now heading for the High Court with claims and counterclaims stemming from failure to deliver the project, termination of the main contract and assignment of a key... Read More

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  • Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating client... Read More