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Case (Dis)Closed: When a seller’s liability is limited beyond the Disclosure Letter

The purpose of a #disclosureletter is to identify and make known to the buyer any exceptions to the warranties that are given by the seller in the share purchase agreement. In this article, Helena Park, Solicitor in our Corporate team, reviews the recent case decision of Butcher v Pike [2021] EWCA Civ 1407, where the Court of Appeal held that sellers can in some circumstances also rely on information disclosed to the buyer outside of the formal mechanism of the disclosure letter.

Changes to Procurement Thresholds from 1 January 2022

Health & Safety - Mental Health in the Workplace

It is now generally accepted that investing in promoting and supporting a happier, healthier and more productive workforce is both good for people and good for business.

A verbal agreement not to require payment of liquidated damages – is it binding?

In England, the Technology and Construction Court has ruled that a telephone conversation between the Managing Directors of two companies amounted to a binding agreement and had to be honoured. John Dugdale, Partner in our Construction team, reviews the case involving Mansion Place Ltd v Fox Industrial Services Ltd.

Clarity on the Avoidance of Employer’s Liability Insurance Policies

On 24th November 2021, some clarity was provided by the High Court of England and Wales in relation to the avoidance of an employer's liability policy by insurers on the grounds of non-disclosure/misrepresentation. Find out more in this article, 'Clarity on the Avoidance of Employer's Liability Insurance Policies', by Cathal O'Neill,

Insolvency and COVID-19 Fraud – Directors Personally Liable for Company Debts

HMRC has published new guidance on the Joint Liability Notice (“JLN”) regime introduced by the Finance Act 2020 (“the Act”). Under this regime, company directors and persons connected to a company can be made personally liable for outstanding tax in certain circumstances, including coronavirus support payments.

Dispute Resolution under the NEC3 Engineering and Construction Contract

In the case of Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others the Court of Session in Scotland had to consider whether or not a clause in a contract, which incorporated the NEC3 Engineering & Construction Contract, acted as a contractual bar to court proceedings, where the dispute had not been adjudicated first.

Sportradar AG v Football DataCo: The Intersection of Live Sports Betting and Competition Law

Sporting bodies and related businesses continue to find new ways to commercialise in-play activities; this fact, combined with advances in mobile technology, has turned the live sports betting industry into a juggernaut worth almost £2.4 billion per year.

Driven to Distraction; the importance of accurate Will drafting.

In the case of Knipe v British Racing Drivers' Motor Sport Charity and Others, the Executor of the estate of the late Barrie Williams (a retired professional racing driver and lifelong member of the British Racing Drivers Club) sought guidance from the Court as to the distribution of Mr William’s estate.

The Office for the Internal Market – What is it?

The Competition and Markets Authority (the “CMA”) launched the Office for the Internal Market (the “OIM”) on 21 September 2021.