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Firm: Shoosmiths LLP

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Coronavirus and Company General Meetings
Shoosmiths LLP, March 2020

  The Coronavirus pandemic is presenting companies and their directors with many challenges. Simply planning for “business as usual” requires change to usual practices, involving a balance between compliance obligations and official public health advice. Holding general meetings, particularly as we enter AGM season for listed companies with a 31 December year-end, is one such challenge...

Has Coronavirus Caused Distress to your Business?
Shoosmiths LLP, March 2020

  It seems that business disruption due to coronavirus is pretty inevitable. What should you as a company director be doing if the disruption means your business starts to suffer? What changes for me as a director? As a director, you know that you owe duties to the company...

Coronavirus and the GDPR Keep Calm and Carry On?
Shoosmiths LLP, March 2020

  How do you protect the privacy of people who have been infected by Covid-19, while still usefully informing those who have been put at risk? At a time of public health emergency, shouldn't GDPR take a back seat? As companies struggle to get new processes in place to cope with the potential ramifications of Covid-19, the aim of this note is to highlight how EU data protection law applies to this unusual set of circumstances...

Coronavirus: Applying Force Majeure
Shoosmiths LLP, March 2020

  Force majeure clauses in business-critical contracts are coming into sharp focus at the moment as coronavirus continues to sweep the globe and the extent of the impact on global supply chains is becoming increasingly apparent. Many businesses concerned about potential disruption as a result of the coronavirus outbreak are reviewing their key contractual arrangements to understand potential contractual implications...

The Impact of the Coronavirus on Leases
Shoosmiths LLP, March 2020

  The impact of the coronavirus raises a number of questions for landlords and tenants of commercial property. This article considers the most frequent questions we are asked. Can I claim a reduction in rent if I am unable to use my premises? In most cases you will not be able to claim a reduction in rent...

What Happens Next if Shopping Centre Landlord Goes Under?
Shoosmiths LLP, March 2020

  On top of the multiple challenges hitting retail and leisure landlords and occupiers arising from COVID-19, the news that Intu has had to write down the value of its shopping centre portfolio by nearly £2 billion came as further bad news. Intu owns multiple high-profile retail and leisure locations across the UK (including The Trafford Centre in Manchester and the Lakeside complex in Essex) and on 12 March was widely reported as being at risk of insolvency...

Implementing Forbearance Measures for Those Impacted by the Coronavirus
Shoosmiths LLP, March 2020

  The Financial Services industry has been quick to respond to the struggles facing individuals and businesses during the current coronavirus pandemic, but there are issues they need to consider when implementing their forbearance measures...

Coronavirus: Five Key Workplace Issues
Shoosmiths LLP, March 2020

  The spread of coronavirus is continuing to dominate the news with a fifth of the UK workforce expected to be off sick during the peak of the epidemic. As the number of confirmed cases in the UK increases daily, we look at five key issues for employers...

Coronavirus: Responsible Advertising and Fair Pricing Practices
Shoosmiths LLP, March 2020

  There has been an increase in the number of businesses seeking to exploit coronavirus for commercial gain, often in breach of relevant advertising and consumer regulations. What can you do to make sure your advertising practices are above board? Background A surge in the demand for products related to coronavirus, such as facemasks and hand sanitiser gel, has led to a range of issues, particularly in relation to responsible advertising and fair pricing practices...

2020 Predictions: Whats on the Horizon for Construction?
Shoosmiths LLP, January 2020

  With the UK currently due to leave the EU at the end of this month, Brexit may cause the construction industry a continuing period of uncertainty in 2020 but the government’s agenda may also provide increased opportunities. We look ahead at what this year may have in store. Brexit The top priority for the government is delivering the UK’s departure from the EU on 31 January. How Brexit will affect the construction industry remains open to speculation...

To Code or Not to Code? A Question for Large Companies
Shoosmiths LLP, December 2019

As we approach the end of 2019, we look back on the requirement introduced by the Companies (Miscellaneous Reporting) Regulations 2018 (Regulations) for very large private companies to make a statement about their corporate governance arrangements. This statement relates to financial years beginning on or after 1 January 2019 and as we head into 2020, the new year will bring with it the start of the first actual reporting period under the Regulations...

Shoosmiths Believe Fintech Offers a Bright Future for All
Shoosmiths LLP, December 2019

The fintech boom is changing rapidly both the way we work and how we conduct business. From managing our budgets and payments, to investments, insurance and obtaining loans and finance, fintech is steadily influencing everyday life. In a sector estimated to have attracted in excess of £2 billion in UK investment last year alone, Scotland hosts a thriving fintech community...

The Environment Bill 2019 - Water, Water, Everywhere
Shoosmiths LLP, October 2019

Part 5 of the Environment Bill, contains a number of disparate proposals relating to water – which could have major implications for many. Senior associate Joanne Sear and solicitor Grace Mitchell take a look at some of the key points in the Bill. Water resources planning According to its explanatory notes, the Bill is intended to “improve… water resources planning” and “facilitate… collaborative regional planning”...

Directors to Get Better Protection From Fraud
Shoosmiths LLP, January 2019

The UK government has announced changes to legislation to reduce the risk of fraud, violence or intimidation faced by company directors as a result of having their residential addresses on the public record. For a number of years, directors have been able to keep their residential address details private by making use of a separate service address, often the company's registered office...

Develop and Be Damned is Not a Good Strategy
Shoosmiths LLP, December 2018

The Court of Appeal has held that public policy interests do not justify the release of restrictive covenants where a developer deliberately builds houses on land in breach of those covenants. Background Millgate, a property developer, obtained planning permission for, and then built, houses and flats on a development site. Part of the land was subject to a restrictive covenant that prevented residential development. Millgate was aware of the covenant but chose to ignore it...

From Footfall to Clicks - The Experts Talk Retail Risk
Shoosmiths LLP, September 2018

Over the last few years, news that some of the nation's most iconic retail stores have closed has become more frequent. Yesterday, Poundworld entered administration. Last week, House of Fraser announced it would be closing 31 stores, many of which are in some the UK's largest cities. It is no secret that many retailers have been adversely affected by the shopping habits of consumers, ever since the advent of a new pastime - buying online...

UK Industrial Strategy - Creative Industries Sector Deal
Shoosmiths LLP, April 2018

The Department for Digital, Culture, Media and Sport (DCMS) has published the Creative Industries Sector Deal aimed at making the UK the best place in the world for businesses in the creative industries. This is the latest sector deal to flow from the government's Industrial Strategy White Paper after sector deals for life sciences and the automotive industry were announced in late 2017/early 2018, respectively...

EU Data Protection Reform - The removal of red tape for SMEs
Shoosmiths LLP, December 2017

One step closer to implementation of the reforms relating to EU data protection regulation, this article looks at some of the implications that the reforms are likely to have for SMEs. Key progress was made in the reform of EU data protection regulation on 12 March 2014 with the European Parliament voting in support of reform and the draft General Data Protection Regulation (the "Regulation"). The Regulation must now be adopted by the Council of Ministers in order to become law...

The Polluter Does Not Always Pay
Shoosmiths LLP, August 2017

  Local authorities will welcome a decision by the Court of Appeal that Powys County Council is not liable for contamination caused by a former landfill site operated by its predecessor. However, the decision is not such good news for landowners. Background Mr Price and Mrs Hardwick own a farm near Builth Wells in mid-Wales...

A New Connectivity: Revised Electronic Communications Code is Launched
Shoosmiths LLP, July 2017

  The Digital Economy Act 2017 introduces a new electronic communications code, intended to facilitate widespread connectivity and address some of the critical issues that currently beset the telecoms industry. The current electronic communications code was issued in 1984 and it was designed to facilitate the installation and maintenance of fixed line communications networks...

Uncertainty Ahead for the Contaminated Land Regime?
Shoosmiths LLP, July 2017

  A successful appeal against a remediation notice has highlighted the difficulties faced by local authorities when trying to secure the remediation of contaminated land. The appeal is only the second appeal to the Secretary of State for Environment, Food and Rural Affairs (SoS) since the contaminated land regime in Part 2A of the Environmental Protection Act 1990 was implemented in 2000...

Are Trade Marks Fair Game for Use as Google AdWords?
Shoosmiths LLP, April 2017

This article looks at the rise of online advertising amongst brand owners and the impact on Google AdWords. Expenditure on internet advertising in the UK rose by over 15% in the second half of 2016 and is set to increase further this year. With the appetite for online and mobile advertising growing amongst brand owners, the role of Google AdWords appears to be increasing in significance...

Insurer v Insured - Certainty is King
Shoosmiths LLP, March 2017

The Court of Appeal has provided useful insight into the meaning of the phrase 'as soon as possible' in relation to insurance policy notification obligations. How will this decision impact upon both insurers and insured parties? In Zurich Insurance plc v Maccaferri Ltd [2016] EWCA Civ...

Land Registry Restrictions - Beware A Blanket Approach
Shoosmiths LLP, March 2017

Residential developers should be aware that agreeing to enter a Land Registry restriction on the title to a property may inhibit their ability to manage it. A positive obligation relating to land will not, as a matter of law, bind future owners of the land. To ensure that it will, the original parties to that land obligation will often agree that any future owner enters into an identical obligation on its purchase of the land...

When Is 'Close of Business'?
Shoosmiths LLP, February 2017

'Close of business' is a term many people use in their day to day working life without much thought. But what does it actually mean and should the term be used in contractual documentation? Agreeing to get something done by 'close of business' is a phrase often used when flexibility is required as to the time a task will be completed. It makes it clear the task will be done that day, but not by a particular time...

 

 

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