Knowledge

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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.

Corporate tax residence, taxable presence and COVID-19

Companies with an international footprint will need to ensure that their tax residence (and other taxable presence) is not affected by travel restrictions imposed in response to the COVID-19 pandemic. HMRC has published guidance on these issues, which is somewhat helpful if less definitive than the approach of a number of other jurisdictions.

Opening the floodgates? The Court of Appeal's judgment in Lloyd v Google

In the briefing below, we look at the Court of Appeal's recent decision in Lloyd -v- Google [2019] EWCA CIV 1599 to allow a giant class action regarding the alleged unauthorised use of iPhone internet browsing data to proceed against Google, under 19.6 of the Civil Procedure Rules 1998 (the "CPR"). The decision may represent a landmark, where we see the courts of England and Wales smoothing the way for more 'opt-out' models of class action to be brought.

Notices of claim under share purchase agreements: the importance of getting it right

In this briefing we look at the recent Court of Appeal judgment in Stobart Group Limited and Anor v William Stobart and Anor [2019] EWCA (Civ) 1376. This judgment confirmed that a purported notice of claim given under a share purchase agreement will be construed objectively and also highlighted the grave consequences of failing to serve a valid notice in such circumstances.

Jurisdiction clauses and Brexit

There is now at least some prospect of the UK leaving the EU on 29 March 2019 without either transitional arrangements or a long term comprehensive reciprocal regime being agreed as to how English courts and those of the r.EU should co-operate in a post-Brexit world, including in relation to allocating jurisdiction between them and recognising and enforcing each other's judgments in commercial cases.

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