High Court Gives Guidance on UK Business Interruption Insurance Key Contact: Hugh Hitchcock Author: Hannah Jones On 15 September 2020, the Court delivered the long-awaited judgment in the FCA Test Case litigation concerning COVID-19 Business Interruption claims. The High Court resoundingly found in favour of small-to-medium businesses The Government’s announcement of COVID-19 emergency measures in...Read More
Further Extension of Protection Against Forfeiture of Business Tenancies in Wales Key Contact: Jennifer Butcher Author: Emma Poole When the Coronavirus Act 2020 (“the Act”) came into force in March 2020 it had wide implications for businesses across England and Wales. Not least Section 82 of the Act which provided that landlords of business tenancies...Read More
Acuity Law succeed on substantial pre-action disclosure application against Goldman Sachs relating to the alleged manipulation of the final share exchange ratio for the ArcelorMittal merger Key Contact: Hugh Hitchcock In Loches Capital Limited v Goldman Sachs International [2020] EWHC 2327 (Comm) Acuity Law’s dispute resolution team acted for Loches, the successful applicant to a...Read More
Extension of Commercial Property Forfeiture Suspension and New Code of Practice Key Contact: Jennifer Butcher The UK government has confirmed that it will be extending the measures currently in place to support commercial tenants struggling to pay rent as a result of Covid-19. The Coronavirus Act 2020 (‘the Act’) had previously put in place the...Read More
High Court case offers a warning to Landlords demanding service charges – Conclusive Certification Clauses are not always conclusive Key Contact: Jennifer Butcher Author: William Rees The High Court has clarified the interpretation of two clauses commonly found in commercial leases, being the “conclusive certification” clause and a “no set off” clause. In doing so,...Read More
The Temporary Insolvency Practice Direction: workable solutions during the current COVID-19 pandemic Key Contact: Aisha Wardell Author: Richard Armstrong The new Temporary Insolvency Practice Direction (‘the Temporary IPD’) gives much-needed clarity for insolvency proceedings in the Business and Property Courts during the COVID-19 pandemic. It implements a number of changes and supplements the ‘Practice Direction...Read More
COVID- 19 Update: Landlord and Tenant Key Contacts: Hugh Hitchcock & Gareth Baker Authors: William Rees & Charlotte Whitehead In response to the Coronavirus pandemic, the legislative landscape continues to evolve at a rapid pace to the emerging issues facing businesses. The Coronavirus Act 2020 (the “Act”) which came into force at the end of...Read More
Coronavirus disruption not enough to delay multi-million pound One Blackfriars trial Author: Richard Armstrong On 1 April 2020, a High Court judge ruled that a trial, scheduled for June 2020, should take place remotely, despite the claimant applicants asking for it to be postponed until after the COVID-19 crisis. The matter of One Blackfriars Limited...Read More
Contractual Variations – Ensure Enforceability and Avoid a Dispute As the economic consequences from the COVID-19 pandemic unfold, unfortunately consensus appears to be mounting that a global recession is underway. The Organisation for Economic Co-operation and Development (OECD) recently forecasted that global GDP growth may drop below 1.5%, satisfying the IMF definition of a global...Read More
The evolving role of the UK as a disputes centre into 2020 and beyond The English and Welsh jurisdiction, and specifically the courts in London, have long been thought to be an attractive place to both litigate and arbitrate for commercial parties across the globe. The case of Berezovsky v Abramovich provides a high profile...Read More
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