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Browse \ Tags \ Commercial Law
Coronavirus and Contracts: Is Frustration in Play?
In response to the commercial disruption caused by the novel coronavirus pandemic, there has been an uptick in client interest and law firm advice on the doctrine of frustration. However, the doctrine is unlikely to apply to many of the situations created by the pandemic.
12:00, 19th May 2020
The Biggest Challenges Facing the Legal Profession in 2020
"Commercial awareness" is perhaps the most overused and least understood phrase in the industry. Our look at the year ahead takes a broad approach to the topic, from Brexit and the criminal justice system to mental health and cybersecurity.
12:00, 14th January 2020
GDPR: Challenges for Businesses, Eighteen Months On
The General Data Protection Regulation (GDPR) was implemented eighteen months ago, but many businesses in the UK are still not GDPR compliant. What are the main challenges presented by GDPR to businesses and their customers, and what role can professionals play in ensuring GDPR compliance?
12:00, 3rd December 2019
Impossible to Bank on it: Vicarious Liability on the Move
The imposition of vicarious liability in the recent high-profile Barclays Bank plc v Various Claimants [2018] case seems to be influenced particularly by the vulnerability of the claimant victims. This is unjustified and risks blurring vicarious liability with non-delegable duty liability.
12:00, 14th May 2019
Taming the Retail Giants: The Impact of Mergers & Acquisitions on Competition
The Competition and Markets Authority (CMA) recently decided to block the proposed merger between J Sainsbury's plc and Asda Group Limited. Such a merger would have had disastrous impacts on competition in the industry. However, further difficulties await the CMA, including e-commerce and Brexit.
12:00, 7th May 2019
Fortnite IP Royale: Can Dance Moves Be Copyrighted?
Fortnite Battle Royale has become the biggest game in the world. One particularly popular aspect of the game is the variety of 'emotes': dances players can perform in game. Recent lawsuits against Epic Games, its developer, has raised a key question: can simple dance moves be copyrighted?
12:00, 5th February 2019
Rise of the Accountants: An Existential Threat to Law Firms
The legal industry has traditionally been rather protected from outside threats. In recent years, however, the Big Four accountancy firms have begun to encroach on legal territory. It now seems only a matter of time until law firms face a real threat of being left behind by these giants.
12:00, 8th January 2019
Article 13 of the Copyright Directive: Is the EU Really Banning Memes?
Copyright law has, in the internet age, lagged behind technological advances. However, the most recent attempt of the European Parliament to catch up with technology - the newly proposed Copyright Directive - has sparked fierce opposition online, mostly for its alleged attempts to 'ban memes'.
12:00, 18th December 2018
A Permanent Investment Court: The Future of the International Investment Regime?
The ability of investors to sue for breaches of international investment agreements impacts on how governments can regulate. Such disputes are currently dealt with by a much-criticised arbitration regime. Many advocate reform, with the best proposal being the EU's: a permanent international court.
12:00, 28th August 2018
Banco Nazionale v Playboy: Raising the Stakes on Negligent Misstatements
Since the seminal case of Hedley Byrne v Heller, there has been persistent judicial disagreement over the role of assuming responsibility for negligent misstatements. The issue recently arose for reconsideration before the Supreme Court - did the court resolve or continue the debate?
12:00, 24th August 2018
The Battle for Survival: CVAs and their Impact on Landlords
CVAs are mechanisms agreed by companies and their creditors in order to stave off administration; they buy the company time to restructure their debt and business to survive. However, the effect of such arrangements on landlords can be damaging: they need to be aware of the risks.
12:00, 10th August 2018
Commercial Awareness: Law Firms Floating on the Stock Market
Law firms, which have traditionally operated as limited liability partnerships for centuries, have increasingly begun transitioning to public companies and floating on the stock market. This represents a highly important change in the legal industry that should not be underestimated.
12:00, 3rd August 2018
Pimlico Plumbers v Smith: Clearing a Blockage in the Employment Law Pipe?
The Supreme Court's recent judgment in Pimlico Plumbers v Smith [2018] highlighted the difficulties facing employment law that have arisen following dramatic changes in the employment market, but disappointed many employment lawyers through its refusal to be more intrusive in making change.
12:00, 27th July 2018
No Limits on Ltds: Defending the Right of Corporations to Sue in Defamation
Defamation law has gradually widened throughout the years. However, controversy has arisen over whether or not companies, which grant high value to goodwill, should be able to sue when defamed by an individual. Australia has adopted a approach; should English law consider it?
12:00, 20th July 2018
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