Understanding Force Majeure And Covid-19

Understanding force majeure and Covid-19

Understanding force majeure in relation to Covid-19 and how lockdown has impacted businesses is likely to become a hot topic over the coming months. And in particular, it may be the case for those companies looking to claim that the coronavirus pandemic has given rise to circumstances beyond their control in delivering on contracts, it is a ‘force’ of a different sort that is concentrating minds. In one of the few cases to consider the impact of the pandemic on company contracts to date, the High Court has ruled that…

News: Covid-19 – Business Interruption Insurance

News: Covid-19 – Business interruption insurance

The Covid-19 pandemic has led to widespread disruption and economic volatility which had a significant impact on businesses. Particularly, the small and medium-sized enterprises (SMEs) have suffered a significant level of financial loss.  A large number of affected businesses have made claims for the losses under their business interruption insurance policies. However, there is uncertainty over the business interruption (BI) insurance policies’ cover in the context of Covid-19 claims. Recently, the Newcastle Circuit Commercial Court (Court) has struck out a BI losses claim in consequence of the Covid-19 pandemic where…

What Is A Privacy Policy And What Should It Contain?

What is a privacy policy and what should it contain?

Briefly, a Privacy Policy is a statement that specifies how a data controller collects, stores, processes the personal data provided by the users of a website. As required by the EU General Data Protection Regulation (GDPR) data controllers should provide certain information to individuals whose personal data is held and used for specific purposes. The definition of personal data includes names, addresses, IP addresses, telephone numbers, date of birth, and financial information, such as debit or credit card details. The GDPR emphasizes that you should be clear about how you…

COVID-19: New Grants For Businesses Affected By Local Lockdowns

COVID-19: New grants for businesses affected by local lockdowns

On 9 September 2020, Ministers announced new funding to support businesses that have been forced to close temporarily due to local COVID-19 related lockdowns. To be eligible for the grant, a business will have been required to close due to local COVID-19 restrictions. Businesses still closed at a national level (e.g. nightclubs), will not be eligible for the scheme. Larger businesses will receive £1,500 every three weeks they are required to close. Smaller businesses will receive £1,000. For this purpose, the level of support will be defined as follows: If…

Checking All Your T&Cs Match Up To The New Normal

Checking all your T&Cs match up to the new normal

Companies should prioritise risk management in their approach to business and review their third-party relationships and contracts as the coronavirus pandemic continues. While the degree of disruption to supplies and staffing has settled since its initial peak, it is still fragile, and the future uncertain.  Staff are engaged in new ways of working and supply chains continue to experience pressures outside their control. With the pandemic reaching into every aspect of business, it is important to review practices, policies and processes to be sure they match up to the new…

Safeguarding design is a priority for small business

Cheaper registration fees are an opportunity for small businesses and designers to secure greater protection for their intellectual property in future, as well as being a route to protection in the UK post-Brexit. A registered design is one of the options available from the Intellectual Property Office, alongside trade marking, patenting and copyright. It protects the visual appearance of a product including the shape, texture, materials, colour and pattern and gives the right to prevent others from using the design for up to 25 years through a renewal process every five years. …

Businesses must keep foot on pedal for data protection

A major milestone in EU data protection law was marked when the General Data Protection Regulation came into force just before the EU Referendum. A huge piece of legislation that was set to replace the UK’s Data Protection Act 1998 from May 2018, it marks a tough new era in EU-wide data protection, with new powers for data regulators and much stricter operating boundaries for businesses that process personally identifiable information about individuals. But for UK companies imagining that Brexit will have changed the need for them to comply, there’s a…

Negotiating contracts – an update

Negotiating contracts looks set to be tougher in future, with the news that clauses that require any changes to be made in writing and agreed by all the parties may not hold water. Anti-oral variation clauses often feature in both commercial agreements and employment contracts, but until now there have been conflicting decisions over enforcement. In the recent case to reach the Court of Appeal hinging on this question, the Court has aid that even when such a clause is included, it is possible to amend a contract verbally or by…

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