Article Category: Dispute Resolution – Insight & Opinion

FCA Business Insurance Test Case Verdict Announced

Man signing business interruption insurance application form

On 15th September 2020, the FCA announced that it had been largely successful in its legal challenge brought against a number of insurers and their decisions to refuse coverage to small businesses claiming for COVID-19 related losses under their business interruption (BI) policies. Business Insurance Test Case Verdict Within the test case, the court considered… Read more »

Debt Recovery: The Importance of Complying with Pre-action Protocols

checking pre-action protocols from list

Whilst businesses are keen to pursue amounts that are owed to them in the quickest possible time, pre-action protocols for the recovery of unpaid sums are in place to ensure that various obligations are met before Court or Insolvency action is considered. Pre-Action Protocols for Business to Business When a sum of money is due… Read more »

Property Remedies Under Lockdown: What Landlords Can Do?

what can landlords do if tenants breach other lease terms?

Whilst the Coronavirus Act 2020 currently prevents commercial landlords from obtaining possession against their tenants for non-payment of rent, this does not apply to other breaches of lease terms. Ray Woodward, Senior Associate in our dispute resolution team, outlines what landlords can do during lockdown to obtain possession if tenants are breaching other terms of… Read more »

The Public Procurement Regulations 2015 Summarised

Regulations book

The Public Procurement Regulations 2015 (‘the Regulations’) govern the purchase of goods, works and services by the UK government and other public bodies (some contracts are specifically excluded or subject to a ‘lighter touch’ regulatory regime). There are five different prescribed procedures that must be followed when a contract governed by the Regulations is awarded… Read more »

Does Your Small Print Contain Unfair Contract Terms?

Most businesses have standard terms and conditions prepared, which they subsequently attempt to incorporate into every commercial contract entered. In a business-to-business contract where one party has contracted on the other’s standard terms and conditions, the Unfair Contract Terms Act 1977 (‘the Act’) limits how civil liability for breach of contract, negligence, or other breach… Read more »

The Consumer Rights Act 2015 – What You Need to Know

fraudsters attempting to conduct cyber crime

The Consumer Rights Act 2015 (‘the Act’) offers protection to consumers when they enter into contracts for the supply of goods, services and digital content. It also offers protection in relation to unfair terms in a contract. Business owners should ensure that they are aware of their obligations under the Act to minimise the risk… Read more »

Business Sale and Purchase Disputes

Business owners and directors are busier now more than ever due to the time-consuming effects that COVID-19 has had on the economy and the way businesses operate. However, this stress may be heightened if you are a new business owner and the business is not what it appeared to be or if you have sold… Read more »

Applying for a Business Rescue Moratorium

With the imminent introduction of the Corporate Insolvency and Governance Bill 2019-21 (currently pending Royal Assent), what does the Government’s new legislation to support companies throughout this pandemic period mean? What Is the Business Rescue Moratorium? Companies that are unable to pay their creditors, due to the impact of COVID-19, will be entitled to apply… Read more »

What You Need to Know Before Terminating an Agency Agreement

The Coronavirus has forced businesses to adapt to a new way of working and, as a result, companies are forced to review their current contracts and reorganise the way in which they do business in order to save costs where possible. We have seen an increase in the number of queries surrounding terminating a commercial… Read more »

COVID-19: Insurers Challenged in Business Interruption Insurance Test Case

The pandemic has revealed that a large proportion of UK SME’s standard Business Interruption Insurance Policies (‘BI Policies’) do not provide cover for business interruptions caused by Covid-19. Typically, these policies  only cover losses arising from property damage, leaving a significant number of SMEs inadequately insured. However, even where a BI Policy states that it… Read more »