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Businesses could face fines for late payment

The Government is consulting on plans to strengthen the powers of the Small Business Commissioner (SBC) to aid businesses with fewer than 50 staff in the recovery of late payments from larger businesses. Among other things, it proposes that the SBC should be able to impose payment awards and fines.

Brexit goods shortages: stockpiling is not the only option

With the headlines dominated by the COVID-19 pandemic, anyone could have been forgiven for putting Brexit to the back of their mind over the past few months. However, the UK is rapidly approaching the end of the transition period, at which point, amongst many other issues, it is highly likely that there will be disruption to goods supply chains.

Should you reshore your supply chain?

"Reshoring" supply chains – the movement to replace international supply chains with (theoretically) simpler, domestic equivalents – is currently high on the political agenda, boosted by Brexit and the disruption caused by COVID-19. However, while there may be merits for some businesses in reshoring, it is far from risk-free – and, for many businesses, it may be neither practical nor desirable.

CMA beats the drum on resale price maintenance

Across five cases in less than a year, fines totalling £13.7m and warning letters sent to the entire industry, the UK Competition and Markets Authority (the "CMA") has put suppliers and retailers on notice that it will not tolerate efforts to fix or otherwise stabilise resale prices for consumers. While all five cases concerned activities in the musical instruments sector, the risks and lessons apply to vertical distribution arrangements in a much broader context and show that the CMA is prepared to clamp down hard on businesses which flout the rules.

Terminating supply contracts on insolvency: what's changed?

On 25 June 2020, new legislation came into force in the UK which makes it much more difficult for suppliers to terminate contracts where the customer is subject to an insolvency procedure. In this briefing, we highlight the key issues that both suppliers and customers should be aware of and consider whether you should amend termination provisions in new contracts.

COVID-19: a checklist of ways to dig yourself out of a contractual hole

Two former Supreme Court judges have recently suggested that, given the exceptional nature of the current crisis, a "more creative" approach may be needed in assessing contractual disputes. With that in mind, we've put together a checklist of potential issues to consider if you are looking to dig yourself out of a contractual hole created by COVID-19.

2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd decision: an important reminder of the limitations of force majeure clauses

Force majeure clauses are coming under increasing scrutiny in the light of the global COVID-19 crisis, as many businesses are left unable to perform their contractual obligations. The High Court's recent decision in the case of 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) provides an important reminder of the limits of force majeure clauses.

Cancelling an event due to COVID-19 – what’s the fall out for a consumer-facing business?

The COVID-19 crisis is moving at an alarming pace and it may only be a matter of time before the UK Government announces measures to try to contain its spread. In particular, consumer-facing businesses responsible for holding large-scale public gatherings (such as concerts, performances or conferences) are not only facing the prospect of customers pulling out, but that they themselves may have to cancel such events.

The Post Office litigation: lessons for IT suppliers and customers

The sorry tale of Bates v Post Office Ltd has a number of salutary lessons for IT suppliers and customers. In an age where businesses are placing ever greater reliance on computer systems to carry out business processes and to make decisions, and with AI technologies being put to ever greater use in analysis and decision making, it is worth taking a few moments to consider what can happen when the balance tips too far in favour of the technology.

Lebron, Serena and Drake make the difference in Liverpool FC matching rights dispute

Liverpool FC has recently emerged victorious from a battle with sportswear maker New Balance over a right for New Balance to match the terms offered by a competing kit supplier – but it was a close-run thing. As we pointed out in our briefing on a similar case involving Rangers FC and Sports Direct, such rights often appear attractive – but both cases also demonstrate how easily they can lead to disputes.

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