Commercial news vlog - October 2018: New Brexit Watch news feature, Force majeure clauses and data breach insurance

Commercial news vlog - October 2018: New Brexit Watch news feature, Force majeure clauses and data breach insurance

With the planned Brexit date fast approaching, we have launched Brexit Watch - a new feature to keep you up-to-date on the impact and options available to us on the lead up to the proposed leave date.

Brought to you directly in association with Iain Larkins, Radius Law are updates across corporate & commercial, employment, intellectual property and competition.

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

This month, we cover the following.

Brexit Watch – tune in at 0:14 secs

This month we start with a new section – Brexit Watch. There are now less than 6 months to the planned Brexit date and things are starting to become a little clearer.  Perhaps not the outcome, but the impact and the options open to us.

Corporate & Commercial – tune in at 1:05 secs

Force Majeure - A recent case confirmed an earlier authority that to be able to rely on a force majeure clause the force majeure event must be the sole cause of the failure to perform an obligation.
See News Analysis: Force majeure and reasonable endeavours (Seadrill Ghana v Tullow Ghana)

Excluding liability for misrepresentations - The 2012 Court of Appeal case of Axa v Campbell concerned an exclusion of liability clause for misrepresentation in a business to business contract. This stated that to exclude liability for misrepresentation the exclusion clause must specifically refer to misrepresentations and state that there has not been any reliance on any representation.

The Court in a recent case that concerned the sale of Nottingham Forest FC however allowed a widely worded clause to exclude liability for misrepresentation even though it did not meet the requirements of the Axa decision.
See News Analysis:

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About the author:
Iain founded Radius Law in September 2013 which has been designed to meet the exacting standards that Iain had of his law firms during his time as an in-house counsel.

 

Iain’s in-house career spans 14 years with the 7 years from 2006 to 2013 being the General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group. In this role he led a team of 18 staff.
Iain has previously been recognised in the Financial Times Innovative Lawyers report as a thought leader in legal management. He has spoken regularly and had published articles particularly on how to measure legal value.

Aside from legal management, Iain has significant expertise in regulatory work, particularly competition law and anti-bribery. Iain has led the implementation of large scale compliance programmes and also managed regulatory investigations.

Outside of the day job Iain has a passion for community projects and has been a non-executive director of a housing association and also established a debt advice centre. This social conscious approach continues in Radius Law with a bold commitment to pay 10% of profits to charity.