Can emergency government or regulatory rules frustrate aircraft leases?

The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated.

Related briefings

Mental capacity and divorce

The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks that mental capacity, they will need someone to make decisions for them during the divorce process. This person is called a ‘litigation friend’.

Our future town and city centres

Post-Covid, how do we revive our urban centres, now and in the future? What does the future hold for work, retail, entertainment and living? These were some of the issues discussed when Birmingham real estate partner, Beth McArdle, chaired a session at the Big Tent Festival 2021 in Coventry. Joining Beth on the panel were: Siraj Ahmed Shaikh, Director of Research at Institute of Future Transport & Cities, Coventry University; Trish Willetts, Coventry BID Director; and Cllr Jim O’Boyle, Cabinet Member for Jobs, Regeneration and Climate Change, Coventry City Council.

Guidance from the Supreme Court on liquidated damages

The Supreme Court provided some welcome clarification on the law relating to liquidated damages in the recent judgment of Triple Point Technology Inc (Respondent) v PTT Public Company Ltd (Appellant) (2021). In doing so, the Supreme Court concluded that the Court of Appeal’s ‘radical re-interpretation’ of the law on liquidated damages clauses was ‘inconsistent with commercial reality and the accepted function of liquidated damages’.

HR podcast: Kiss and tell – relationships at work

Andy Graham, Amy Anderson and Amy Leech discuss relationships at work in light of recent events. This episode covers: why it is important to have a relationships at work policy; the problems relationships at work could cause; and top tips for managing relationships at work.

Building Safety Bill: key points for the construction industry

The Building Safety Bill was finally introduced into Parliament on 30 June 2021 with the aim of delivering fundamental reform to the building safety system. The Bill’s progress through Parliament will be closely monitored as the construction industry looks to prepare for the potentially wide-ranging impact of this complex piece of legislation.

Latest Briefings

Contributed surplus: it’s not capital!

In our previous paper, we discussed the meaning of share premium, the various ways a company may use share premium and its importance when determining the assessable capital of a company. In this paper we discuss contributed surplus, another frequently misunderstood concept which is distinct from and is not to be confused with share premium.

The Lugano clock has stalled: what now for dispute resolution clauses?

Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK. There is no mechanism allowing the UK to accede to Brussels Recast in its own right. Under the Lugano Convention, however, the UK is entitled to apply for accession following certain conditions specified in Article 72. Although the UK applied for accession in April 2020, it has not yet been ‘invited’ to accede. The European Commission, however, recently notified the Swiss Federal Council (as Depositary of the Lugano Convention) that, representing the EU, it does not consent to the UK’s accession. Whether this is the final decision from the EU, or whether the European Council will vote on the issue, remains to be seen. In the absence of unanimous consent of all contracting parties coupled with the enforcement gap of several months even if accession to the Lugano Convention is permitted, Irish (or indeed EU or EFTA) contracting parties with UK entities should continue to give careful consideration to their dispute resolutions clauses.

Return to the office: Is your data protected?

With the end of COVID-19 restrictions in sight, many businesses and their employees will be returning to the office within the next few months. While some employers will expect their workforce to be back full-time, others will adopt a hybrid way of working with employees’ time split between the office and home. This presents an array of challenges and issues that employers need to prepare for to ensure safety in the workplace, as well as business continuity. This podcast series discusses the key issues and how employers should address them to make sure their return to the office runs smoothly. In this first episode, Gowling legal director Anna Fletcher is joined by partner Jocelyn Paulley from our Data Protection team. Jocelyn will be discussing the key considerations that employers need to focus on in terms of data protection compliance in this new workplace and how to make sure that confidential information remains secure.

COVID-19 update: Step three of Ontario’s ‘Roadmap to Reopen’ plan presents new challenges for employers

Effective 16 July 2021, Ontario entered ‘Step 3’ of its Roadmap to Reopen. Qualifying businesses (including office workplaces) are now permitted to allow workers to return to the physical workplace, subject to compliance with all applicable health and safety protocols and public health requirements, including local requirements introduced under Regional/Municipal By-laws, Orders issued by local Public Health Units, etc.

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