News & Events

Commercial during Covid-19

Judgment in franchise dispute; Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett

Judgment was handed down last week in the case of Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch). David E. Grant acted for the Defendants in this expedited trial on liability and injunctive relief between a franchisor and ex-franchisee. Judgment was handed down in this franchise dispute on 11 May 2021. The First Defendant was a franchisee of the “Drain Doctor” brand licensed by the Claimant, Dwyer (UK Franchising) Ltd, which claimed to be the UK’s largest full-service network of emergency plumbing and drainage operations and part of the world’s largest home service franchise. The case raised issues of misrepresentation, undue influence, repudiatory breach, affirmation and the reasonableness of the post-termination restrictive covenants. The Defendants…

Covid-19, Commercial during Covid-19, Commercial, News 18 May, 2021

The Good Faith Problem

Chloë Bell and Saaman Pourghadiri discuss the ‘Good Faith Problem’ in our latest commercial webinar. Chloë and Saaman examine case law surrounding the issue of good faith in commercial contracts. Chloë and Saaman discuss: Construction and Implication of Terms Good faith in Relational Contracts Negotiations in Good Faith Discretions What they are Identifying contractual discretions Intensity of court review Watch the webinar here: About the presenters Chloë Bell is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters, including acting on behalf of FXCM in the case of Shurbanova v FXCM [2017] EWHC 2133 which…

Covid-19, Commercial Vlogs, Commercial during Covid-19, News, Webinars & Vlogs 10 Nov, 2020

UK insolvency reforms – a blueprint for reform in offshore jurisdictions?

Tim Prudhoe and Justina Stewart look at the likely implications of the Corporate Insolvency and Governance Bill on several overseas jurisdictions. In the short time since first published (22 May 2020), much electronic ink has been spilt on the most significant reforms introduced by the UK Parliament in a generation to insolvency and restructuring law – the Corporate Insolvency and Governance Bill. Much, though, is still left unsaid as to the likely wider reach outside of the UK of the finished product. The raw material is there for this to have a major impact in several overseas jurisdictions that follow the English common law model (albeit not, directly, its actual statutory regime). In this article, Tim Prudhoe and Justina Stewart highlight the…

Covid-19, Commercial during Covid-19, Legal Blog & Publications, Commercial 12 Jun, 2020

The Corporate Insolvency and Governance Bill – What it means for Directors and Creditors

The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive the economic shock caused by Covid-19, together with important reforms to insolvency. In this article Saaman Pourghadiri of Outer Temple Chambers and Meriel Hodgson-Teall and Daniel Mills of Enyo Law consider what those measures mean for directors and suppliers to companies. This article updates a note Saaman, Meriel and Daniel wrote when measures to assist businesses were first announced. That note can be found here. Overview of the Bill The Corporate Insolvency and Governance Bill (the “Bill”) introduces temporary measures to respond to the Covid-19 crisis and permanent additions to the UK insolvency regime. As at the…

Covid-19, Commercial during Covid-19 3 Jun, 2020

Webinar – MEASA private wealth opportunities during uncertain times

Enabling legal structures that protect and grow wealth. Join David Russell QC, Vistra and DIFC on 13th May for a webinar on private wealth opportunities in the Middle East. Middle East, Africa and South Asia (MEASA)  remains a top 3 global region for growth of private wealth after APAC and Latin America. Over $3T of private wealth and $3T of sovereign capital is available in the GCC alone. By 2023, the UNHW population in UAE is expected to grow by 15%. Demand for personal and family wealth continues to grow rapidly yet wealth management remains underpenetrated with a disproportionate amount of wealth still held in bank deposits. The DIFC has become one of the largest wealth centres between Europe and…

Covid-19, Events, Commercial during Covid-19, Private Client & Trusts during Covid-19 11 May, 2020

COVID-19 and Freezing/Proprietary Injunctions

Andrew Maguire explores whether it is possible, during Covid-19, for an applicant to apply for Freezing and Proprietary Injunctions remotely in the High Court. Can an applicant still apply for Freezing and Proprietary Injunctions remotely? During these uncertain times during the lockdown, the question arises as to whether an applicant may still apply for an urgent interim without notice freezing or proprietary injunction as well as ancillary orders, such as a search order or a Norwich Pharmacal/Banker’s Trust order, (which will be collectively referred to as an “injunction” or “injunctive relief”) at the High Court? The simple answer is yes. An applicant can still obtain an urgent injunction and the courts are still open for business; remotely or by telephone.…

Covid-19, Commercial during Covid-19, Legal Blog & Publications, Commercial, News 6 May, 2020

Suspension of wrongful trading provisions to ease COVID-19 fallout – not a panacea for directors

In more Covid-19 related business news, the Government will amend the UK Insolvency Act 1986 to temporarily suspend provisions relating to wrongful trading by UK directors to help them to tackle these extreme trading conditions without the threat of personal liability. Saaman Pourghadiri has collaborated with Meriel Hodgson-Teall and Daniel Mills of Enyo Law to analyse the proposed suspension of wrongful trading provisions & Directors continuing liabilities and duties. Amongst a set of far-reaching new measures designed to ease the pressures and impact of the COVID-19 pandemic on UK businesses, the UK Government recently announced its intention to temporarily suspend provisions relating to wrongful trading by directors of UK companies. The measures, implemented by way of amendment to the UK…

Covid-19, Commercial during Covid-19, Commercial, News 28 Apr, 2020

Frustration of Leases as a Result of COVID-19

Does a Pandemic in the form of COVID-19 give rise to a frustrating event? Andrew Maguire explains where commercial leaseholders stand now the country is in ‘lockdown’ What is frustration of a lease? What constitutes the frustration of a lease? Lord Simon of Glaisdale, in the case of National Carriers v Panalpina (Northern) [1981] AC 675, famously declared that: “Frustration of a contract takes place where there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so significantly changes the nature (not merely the expense or onerousness) of the outstanding contractual rights and/or obligations from what the parties could reasonably have contemplated at the time of its execution that it would…

Covid-19, Commercial during Covid-19, Commercial, News 10 Apr, 2020

The Virtual Conduct of Litigation During Covid-19

OTC members have compiled a comprehensive guidance note on conducting court business remotely in response to the Covid-19 pandemic, including expected court etiquette and other practical tips. There has been a flurry of uncertainty since the shut-down of courts following government guidance as a result of the COVID-19 pandemic. OTC has received a number of queries about how disputes will be dealt with in the courts as well as how alternative dispute resolution can proceed. In fact, many members of chambers have already appeared in remote hearings during the pandemic or have provided advice. There is not a single ‘off-the-shelf’ approach being taken by courts. Each jurisdiction (and indeed each individual court) will have specific requirements and the particular guidance…

Covid-19, Commercial during Covid-19, Commercial, News 9 Apr, 2020

Frustration, Force Majeure, Material Adverse Change and COVID-19 in England, the DIFC and ADGM

Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses Read the full guidance…

Covid-19, Commercial during Covid-19, Commercial, News 1 Apr, 2020

Frustration, Force Majeure and Material Adverse Change

Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact of Covid-19 is enormous but the pandemic will also have profound short and long-term economic effects. In response to various enquiries over the last few days, Andrew and Saaman have constructed a guidance note looking at some key elements in construing Force Majeure (FM) clauses and the common law doctrine of frustration before considering Material Adverse Change (MAC) clauses. Whether Covid-19 and the global response to it fall within FM or MAC…

Covid-19, Commercial during Covid-19, Commercial, News 30 Mar, 2020

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