Jurisdiction
by Leela|26 May 2021|Industry News
The recent judgment in Travelport Ltd & Ors v WEX Inc [2020] EWHC shows how important it is to use precise language when drafting a clause involving a market comparison. In this judgment, the High Court was asked to analyse a complex “material adverse effect” (“MAE”) clause and, amongst other things, to consider the impact […]
Read moreby Leela|25 May 2021|Industry News
Following Brexit, and the conclusion of the process of onshoring EU legislation into UK law, the UK is now considering how its rules and regulations can diverge from the retained EU law, in a way that can give it a competitive advantage. As part of this process, the Financial Conduct Authority (“FCA”) and HM Treasury […]
Read moreby Leela|20 May 2021|Industry News
Earlier this year Glass Lewis published an interesting review of the impact of the 2018 UK Corporate Governance Code (the “Code”) on governance practices, in which it sets out its approach to the most common provisions of non-compliance among FTSE 350 companies (the “Review”). Glass Lewis is one world’s largest independent providers of governance and […]
Read moreby Leela|17 May 2021|Industry News
FACTUAL BACKGROUND Most business-to-business commercial contracts will include provisions which limit either one or both parties’ liability towards the other. Examples of the type of clauses which aim to achieve this are: exclusion of liability: these clauses are contractual terms which attempt to either exclude or limit the liability of one party towards another for […]
Read moreby Leela|14 May 2021|Our News
To get to know Vicki a little bit more we asked her some quick fire questions: 1. What do you like most about working at C&Co? The team is fantastic, we have a great office culture, and I can honestly say that no two days are ever the same! 2. What has been your proudest […]
Read moreby Leela|12 May 2021|Industry News
In August 2020 the Financial Conduct Authority (“FCA”) consulted on proposals to reduce the potential for harm to investors from the liquidity mismatch in open-ended property funds (the “Consultation”,”CP20/25”). In particular, the FCA consulted on suggesting a new notice period for redemption in these funds and also asking for alternative proposals. Following this consultation, the […]
Read moreby Leela|11 May 2021|Industry News
The Competition and Markets Authority (“CMA”) published its annual plan for 2021/22 on 23 March 2021. As a result of the COVID-19 pandemic, like the rest of the world, the UK has faced major challenges in the goods and services sector. Moreover, the CMA has taken on new responsibilities as the transition period out of […]
Read moreby Leela|10 May 2021|Industry News
In the case of Lunar Holdings Limited v Lunar Automotive Limited (2020) EWHC 3415, the Intellectual Property Enterprise Court decided on a summary judgement against an alleged infringement of trademark and a breach of licence. In considering the facts of the case, the court had to consider the validity of IP assets transferred at an […]
Read moreby Leela|5 May 2021|Industry News
On 9 October 2020, the UK Supreme Court handed down the judgment in the case of Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb (2020) UKSC 38. This case explored the question of the law governing an arbitration agreement, in the event that no governing law was elected by the contracting parties. FACTUAL […]
Read moreby Leela|4 May 2021|Industry News
The Financial Conduct Authority (“FCA”) has prohibited Simon John Varley (“Mr Varley”) from working in the financial sector and imposed a financial penalty of £68,300 for knowingly providing investment advice to retail customers, when he was not registered as a qualified person or an approved person to do so. The FCA found that Mr Varley […]
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