COVID-19: Our new quick reference tool to help assess the availability of force majeure relief under English law

As a result of the COVID-19 pandemic, many commercial parties have been reviewing their contractual arrangements to consider whether there are grounds for excusing non-performance or suspending or terminating their contracts. Against that background we have developed a new interactive tool which is designed to assist clients and contacts of the firm in evaluating the … Read more

Corporate Insolvency and Governance Bill – major insolvency reforms proposed

The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive during a period of unprecedented interruption and turmoil. … Read more

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction

The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more

New COVID-19 podcast – Force majeure considerations in a potential second wave of COVID-19

In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force majeure implications of a potential second wave of COVID-19 infections and the resulting re-imposition or tightening of lockdown measures. Many contracting parties have already been affected by force majeure events arising out of the pandemic and the associated restrictions.  … Read more