Commentary

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Black Lives Matter: an open letter from BCLP London head Segun Osuntokun

I hope that 2020 will be remembered as the year that uncomfortable but important conversations were propelled into the spotlight. Events of the last two months have forced leaders to look at what we can – and must – do better.  As the managing partner of the largest office of a major international firm and […]

Uber

Flexible working in the cross-hairs as Uber prepares for Supreme Court

By Jonathan Ollivent Uber’s business model is not new. As summarised by Lord Justice Underhill in his dissenting Court of Appeal judgment: “Standing back so as to be able to see the wood as well as the trees, it still seems to me that the relationship argued for by Uber is neither unrealistic nor artificial. […]

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A Charles Russell Speechlys partner’s experience of racism in law

The Black Lives Matter movement has received much press over the past month since the disgustingly horrific murder of George Floyd. It’s put the issue of racism firmly on the agenda of the mainstream media, major corporations and institutions and prompted much debate among individuals. We have seen the Bank of England pledge to remove […]

Analysis

Roundtable: Remote investigations during Covid-19

The world of investigations relies upon in-depth scrutiny. Whether it be leafing through office documents, conducting forensic interviews or relying upon whistle blowers, an investigator’s physical presence on-site is often key to carving out the truth. However, the in-person part of investigations is largely on hold for the time being due to Covid-19, forcing individuals […]

Roundtable: how in-house lawyers can nail Libor

Lawyers are supposed to always have all the answers. But there can be exceptions. In a complex industry like financial services, there are regulatory changes that hit in-house legal teams like an avalanche. This is why, when Howard Wassall, principal sales engineer at software provider Apttus+Conga, laid out the urgency and complexity of tackling the […]

The Virus Diaries: Managing a law firm as crisis escalates in Serbia

Easter weekend in Belgrade. Late on Saturday night and into the early hours of Sunday, thousands of people would normally congregate in front of the Church of Saint Sava to celebrate the Holy Fire ceremony and the beginning of the Orthodox Easter. But this year the city was silent. The usual kissing of icons during […]

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.

Fragmentation on TUPE business transfers – Splitting the difference

A recent case heard by the Court of Justice of the European Union (CJEU) – ISS Facilities Services NV v Sonia Govaerts & Atalian NV – has looked at what happens when a transfer takes place under the Acquired Rights Directive (ARD) where there is a transfer from a single business to multiple incoming businesses, i.e. post-transfer ‘fragmentation’.

Welsh judicial reviews must in the future be issued and heard in Wales

The Administrative Court in Wales is about to enter the third iteration of its existence. Phase one and the birth of the Administrative Court in Wales came in 1999 with the devolution settlement. Phase two began in 2009 with the establishment of the Administrative Court in Wales and the Administrative Court Office in Wales, both based in Cardiff. Phase three will begin on 1 October 2020 as a result of key changes governing where Welsh judicial review claims (as well as all other Welsh Administrative Court cases) must be issued and heard.

Recognition of UK insolvency practitioners in Jersey

Introduction In the current COVID-19 environment it is likely that there will be more businesses becoming insolvent. Some of those businesses will have an interest in Jersey property. For example as owners of Jersey property or holders of a lease of retail premises situated in the Island. The business may also have locally employed employees […]

Losing control: Tenants’ right to manage

Leaseholders can acquire management functions of their building from the landlord/management company where the building qualifies and there are sufficient numbers of tenants or “flats”.

Relying on digital ID for AML/CFT purposes in Jersey and Guernsey

The financial services regulators in both Guernsey and Jersey have for several years officially recognised that regulated firms may, subject to appropriate safeguards, use electronic or digital means to meet their AML/CFT obligations to identify and verify the identities of their customers.

Logistics market analysis

The challenges over recent months have had a major impact on the carriage and logistics landscape. In terms of sea shipping, prices have taken a major hike driven by reduced availability and poor positioning of assets. We are finding that most agents are proposing very similar rates in the markets therefore there is little financial incentive falling out of tender processes.