Commercial news vlog - March 2020

Commercial news vlog - March 2020

 

 

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

  • Brexit

  • Good faith

  • Age-appropriate design: a code of practice for online services

  • Coronavirus

We focus on the commercial aspects and look at the practical steps for you to consider.

Brexit watch

Brexit

On the 31st January the UK left the European Union.  The transitional period however means that nothing will really change until 31st December.

There is still scant detail on what will happen after the 31st December, but the Government has published its policy statement for a new points-based immigration system, which is expected to take effect from 1 January 2021. Employers that engage EU workers will need a sponsor licence – so we recommend applying now, as bottlenecks will be inevitable.  Also, note that engaging low skilled EU nationals will be particularly difficult - so businesses that have relied on cheap labour from the EU are advised to make contingency plans now.

See LNB News: Government sets out plans for a new, points-based immigration system and News Analysis: The UK’s plans for a ‘points-based system’ from 1 January 2021

 

Corporate & Commercial

Good faith

Last year we reported on the Bates v Post Office case which stated that good faith is likely to be implied into ‘relational contracts’ and listed the characteristics of such contracts e.g. the contract being mutually intended for the long term. Two recent court decisions however seem to have restricted the scope for good faith to be implied. In Russel v Cartright a joint venture partner claimed that his fellow partners had breached an implied duty of good faith by not disclosing a new project to him during negotiations about his exit.  The court however refused to imply a duty of good faith stating that it would only be implied when it was obvious to a reasonable reader of the contract, or essential for the contract to work properly.  A similar decision was reached in another case when an operator of

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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.