Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a refit/ repair contract? Is there any implied right of relief for the contractor or the owner? Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts ...
Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts ...
Not all matters will be appropriate for mediation. There are situations in which mediation is likely to fail: When parties let their egos control. When there is a misunderstanding of the facts. When there is a misunderstanding of the law. There is no incentive for settlement. When parties do not respect the process ...
The timing of challenges to an expert witness’s evidence has been considered in the Supreme Court case of Tui Ltd v Griffiths [2023] UKSC 48, with judgment handed down on 29 November 2023. Although the case emanated from a holiday claim in the County Court, this Supreme Court decision is of significance to all cases where parties seek to rely on evidence from experts or witnesses of fact ...
A podcast series that explores privacy themes within some of the most well-known movies. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy. In this episode, William Moore and Becky Gray discuss the “Lord of the Rings” trilogy ...
A podcast series that explores privacy themes within some of the most well-known movies. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy. In this episode, William Moore and Mike Vallance discuss the “Marvel Cinematic Universe” ...
A podcast series that explores privacy themes within some of the most well-known movies. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy. In this episode, William Moore and Alice Wallbank discuss “The Terminator”. So tune in to hear if the Terminator’s creator, Cyberdyne Inc ...
A podcast series that explores privacy themes within some of the most well-known movies. In this episode, William Moore and Max Schrems discuss “The Social Network”. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy ...
Anne Marie Seibel, Chair of the ABA Section of Litigation and litigation partner at Bradley, shares her path to leadership within the legal sphere. Hosted by MC Sungaila, this episode dives into the fascinating intersection of Anne Marie’s career trajectory and her prowess in bar leadership ...
In a judgment of 8 September 2020, the Court of Justice of the European Union (“CJEU”) ruled that Member States are not allowed to exclude performers who are nationals of States outside the European Economic Area (“EEA”) from perceiving the equitable remuneration provided by Article 8(2) of the Rental and Lending Rights Directive ...
It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola and the debate surrounding the saga of Eric and Loa in the past few years. Indeed, this litigation raises issues that directly affect a large number of Quebec couples who live in De facto Unions ...
The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education counseling for all women with reproductive capacity."77 Fed. Reg. 8725 (Feb. 15, 2012); see 42 U.S.C. 300gg-13(a)(4), 45 C.F.R. § 147.130(a)(1)(iv) ...
The Nigerian Court of Appeal confirms that an Arbitral Tribunal has no Jurisdiction to determine contractual disputes, the resolution of which has tax implications for any of the parties. Recently the Nigerian Court of Appeal confirmed in part the decision of the Federal High Court Abuja delivered on 22 May 2012 in Suit No. FHC/ABJ/CS/923/2011 ...
On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued amuch-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused agreat stir, as the BVerfG expressly refused to comply with aruling by the Court of Justice of the European Union ...
Since the European Court of Justice declared the EU-US Privacy Shield as an invalid legal basis for the transfer of personal data to the US, stipulating increased requirements for the use of the EU standard contractual clauses in July 2020 (C-311/18, 'Schrems II'), uncertainty has been rife within many companies: a legally compliant data transfer to the USA on the basis of the Privacy Shield is no longer possible and the new EU standard contractual clauses announced in November 202
One of the central functions of a contract is to be able to enforce its obligations. Within the EU, under the new Recast Brussels Regulation (the Regulation), it is now easier, quicker and cheaper to enforce EU judgments within England and Wales. The Regulation applies to all proceedings instituted on or after 10 January 2015 within the EU. This article looks at the key changes introduced and key points to be aware of when seeking to enforce ...
Over the weekend, the EU announced its 10th sanctions package against Russia as a response to the invasion of Ukraine. The timing of the 10th sanctions package coincides with the anniversary for Russian invasion of Ukraine. The measures implemented in the new sanctions package include, inter alia: Additional sanction listings of 121 individuals and entities ...
In our final procurement update of 2009 we report on two important administrative changes: new advertising thresholds, and new OJEU notices. New advertising thresholds published These will apply for two years from 1 January 2010. As predicted, because Sterling has been so weak against the Euro, the Sterling thresholds have actually gone up significantly (meaning slightly fewer contracts will be caught by the full Regulations) ...
The European Commission has sent a Statement of Objections (SO) to Google over abusive practices in online advertising technology. Uniquely it seems, the Commission has identified in the press release that to remedy the situation the Commission is of the preliminary view that divestment by Google is required. This would be the first example of a proposed break-up of a tech business by the EU under market dominance rules ...
More than a month after the G7 meeting in Hiroshima, the EU has reached an agreement on the 11th sanctions package against Russia following the Russian invasion of Ukraine. The key focus in the novel sanctions package is the mitigation of diversion and circumvention risks. The 11th sanctions package has been much anticipated since the G7 meeting at the end of May 2023 ...
Photography by promoters and artists is an integral part of any kind of event. Since the General Data Protection Regulation (GDPR) came into effect, the legal requirements for videos and photos depicting people however have to be reassessed. In the past, most member states of the European Union had their own regulations regarding photos that show individual persons ...
The New England Patriots may play the first quarter of the 2015-16 season without quarterback Tom Brady, as he was suspended for failing to cooperate with an investigation related to footballs deflated below league standards being used in the 2014-15 season AFC championship game with the Indianapolis Colts ...
The “good faith” requirement of a light-duty offer was just examined by the 10th District Court of Appeals and the Ohio Supreme Court with a somewhat surprising result. Light-duty job offers can be a good way for employers to minimize the payment of temporary total disability compensation and bring injured workers back to the workforce. However, these job offers must conform to very specific requirements under the Ohio Administrative Code ...
The UAE Cabinet recently issued Cabinet Decision 66 of 2023 (the Executive Regulations) concerning the executive regulations of the Federal Law 15 of 2020 on Consumer Protection (Consumer Protection Law). The Executive Regulations shall come into effect on 14 October 2023 ...
On 7 October 2022 the President of the Russian Federation has signed Federal Law No. 387-FZ 'On Amendments to Article 52 of the Arbitrazh Procedure Code of the Russian Federation and Article 45 of the Civil Procedure Code of the Russian Federation'. The Federal Law comes into force on 18 October 2022 ...
