Commercial news vlog - July 2020

Commercial news vlog - July 2020

 

 

In association with Iain Larkins from Radius Law, we discuss:

  • Covid-19 Business interruption insurance

  • easyJet cyber attack

  • Gig economy

  • Director disqualifications for cartel activity

     

Corporate & Commercial

COVID 19 – Business Interruption insurance

The Financial Conduct Authority (FCA) has instigated a High Court action challenging insurers that have refused to pay out business interruption insurance – claiming that pandemics are excluded. The case is progressing at speed and it is expected that the case will be heard in July, although an appeal to the Supreme Court seems inevitable.

See LNB News: FCA provides updates on coronavirus (COVID-19) business interruption insurance test case and News Analysis: Coronavirus (COVID-19)—what to look for during the FCA BI test case

 

Failure to notify ‘as soon as possible’

It’s common for contract terms to state that any claim for an indemnity must be notified to the other party ‘as soon as possible’.   A recent High Court1 decision has clarified that the term ‘as soon as possible’ is  sufficiently certain to be enforceable and that a party that then delays notifying the indemnity claim for over a year will be time-barred from making its claim.

See News Analysis: Contractual Notice—how soon is now? (Towergate Financial (Group) Ltd v Hopkinson)

 

A signed signature sufficient for a valid Deed.

The High Court has ruled2 that a signed signature page of a Deed being returned by email was sufficient.  It’s worth noting however that the Law Society guidance recommends that if a document is being returned by email that, at least, the whole document is also included in the email with the signed signature page. 

See Case: Umrish Ltd and other companies v Gill [2020] EWHC 1513 (Ch)

 

Exceptions to without prejudice

The without prejudice (WP) rule allows parties to negotiate freely with the assurance that WP documents will not be admissible as evidence in a Court.  This rule is not however absolute

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About the author:

Louisa leads marketing for the in-house legal community at LexisNexis. She joined the dedicated in-house team at LexisNexis four years ago and has a passion for driving and facilitating initiatives which are customer-focused at their heart. Her vision is to support in-house counsel succeed in their fast-evolving role based on deep insight, data analysis and best practice gathered across the in-house community.

Prior to her in-house focused role, Louisa led the marketing for the bar and mid-market private practice sectors as well as product marketing lead for LexisPSL – LexisNexis’ cloud based, practical guidance and legal research software solution.

She brings 20 years’ marketing experience both client and agency side, specialising in B2B marketing in the Legal, TMT (Telco, Media and Technology) and Financial Services industries. In both South Africa, Europe and the UK.

Louisa is also an active member on the LexisNexis Gender Equality Matters (GEM) steering committee and is involved with the Families at LexisNexis Group which brings together, supports and lobbies for change those with an interest in balancing the challenges of work and family.