Data Privacy: Challenges, Enforcement and Unification

Data Privacy: Challenges, Enforcement and Unification

Question one – Challenges  What do you see as the biggest challenges for data privacy in your jurisdiction during the next decade? Is technology a factor? Uncertainty provided by Brexit extends to data protection. At the time of writing, the provisions of the...
Relying on Written Resolutions? Directors, take care to ensure validity

Relying on Written Resolutions? Directors, take care to ensure validity

Companies must note that ‘resolutions’ which have been agreed by the company’s shareholders by way of written resolution must have been circulated on the authority of the company’s board – otherwise the resolutions will be invalid.  A company discovered this to its...
The End of LIBOR- What to expect?

The End of LIBOR- What to expect?

The globally recognised and crucial London Interbank Offered Rate (LIBOR) is understood to be the benchmark interest rate for a reported US $300 trillion worth of financial contracts worldwide, including around $30 trillion worth of financial contracts in GBP....
Commercial contracts: It’s a mistake – but what then?

Commercial contracts: It’s a mistake – but what then?

Where a mistake has been made during the course of formalising commercial contractual arrangements, when will the court be prepared to rectify it and on what basis? Rectification takes place when the court amends the terms of a legal document which does not accurately...
New FCA Guidance on Cryptoassets

New FCA Guidance on Cryptoassets

Cryptoassets such as Bitcoin and Litecoin have been on the radar of the Financial Conduct Authority (FCA) for some time. The FCA has urged consumers to be cautious and has recently published useful guidance on cryptoassets and regulatory issues. Cryptoassets (also...
Economic duress and bad faith

Economic duress and bad faith

Businesses may avoid a contract on grounds of economic duress, but there has been legal uncertainty as to the circumstances in which a contract will be held to have resulted from a threat of a lawful act or omission.  So in what circumstances can it be invoked?   The...