Q&As

Q&As

Can a document executed and described as a deed be subsequently validly varied by solicitors’ exchange of emails?

The requirements for variation of a deedIt was formerly a rule of common law that contracts entered into by way of deed could only be varied by deed....

12th Apr

Q&As

Can a deed be witnessed electronically using an e-signing platform?

Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Apr

Q&As

Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?

An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take...

12th Apr

Q&As

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force). Therefore, initial disclosure did not take place within the meaning of CPR PD 51U, although documents have been disclosed in witness statements. In the disclosure certificate, none of the options apply to this scenario. How should the section on initial disclosure be completed?

The new disclosure pilot scheme came into force on 1 January 2019. It is contained in CPR PD 51U, and in effect replaces CPR 31. It applies (i) to...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 9th Apr

Q&As

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form out of the jurisdiction?

Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...

9th Apr

Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Multi-tier dispute resolution clausesContractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant...

8th Apr

Q&As

What is the limitation time in respect of a guarantor’s obligations under a personal guarantee when the principal borrower has defaulted?

When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...

8th Apr

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

The term ‘transition or implementation period’ is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland...

8th Apr

Brexit

Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...

Produced in partnership with Mathias Cheung of Atkin Chambers 8th Apr

Brexit

Q&As

What is the sifting process for Brexit legislation?

Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (Brexit SIs) are formally laid in...

8th Apr

Brexit

Q&As

Could the Brexit transition period be extended due to coronavirus (COVID-19)?

Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond.In light of COVID-19 developments and...

8th Apr

Brexit

COVID-19

Q&As

Does coronavirus (COVID-19) qualify as a biological contamination for the purposes of a definition of force majeure? Force majeure is defined as a list of events and does not have any broader wording such as ‘without limitation’ or similar?

We have assumed that the clause in question is included in a business to business contract.You may find the following materials useful:•Practice Note:...

8th Apr

COVID-19

Q&As

Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by the insolvency of a customer?

The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Apr

Q&As

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed remotely), or can the dating also be done electronically after parties have signed in counterpart?

We have assumed that: the query relates to the execution of a business-to-business commercial agreement subject to the laws of England and Wales.In...

8th Apr

COVID-19

Q&As

I have received a force majeure notice from my supplier, what do I do?

The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The...

Produced in partnership with XXIV Old Buildings 8th Apr

COVID-19

Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...

8th Apr

COVID-19

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...

8th Apr

COVID-19

Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...

8th Apr

Brexit

Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...

Produced in partnership with Richard Colbey of Lamb Chambers 8th Apr

COVID-19

Q&As

Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and then signed, is it a valid execution of that document?

This question envisages a written agreement, which contains, in a schedule, the form of a further agreement, which the parties may sign on some future...

8th Apr

COVID-19