Archives: Commercial

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Business interruption insurance – test case

October 2020 | Commercial

The FCA has reported on the test case that it brought in the HC to try to bring some clarity regarding business interruption insurance. Prior to the Covid pandemic, many businesses took out business interruption insurance which is designed to protect businesses in the event that they cannot trade due to unforeseen circumstances. Many of …

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Legal advice privilege – scope

October 2020 | Commercial

An interesting article considers a recent CA case on the application of legal advice privilege (LAP). The underlying dispute arose out of Jet2’s decision not to participate in the CAA’s new alternative dispute resolution scheme for consumer complaints. The CAA published a press release criticising airlines who chose not to participate, including Jet2, who wrote …

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Reflective loss – scope confirmed

September 2020 | Commercial

This is an important SC decision for commercial practitioners to consider. In a nutshell, the ‘no reflective loss’ rule stops shareholders of a company from bringing a claim for personal losses arising out of a breach of duty or contract owed to the company and can be summarised from the decision in Prudential v Newman …

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Furlough wages – status when company in administration

September 2020 | Commercial

The CA recently had to consider the inter-relationship between the Government’s Coronavirus Job Retention Scheme (CJRS) and the ‘adoption’ of some 13,000 contracts of employment by administrators under the Insolvency Act 1986 in relation to beleaguered retailer Debenhams. Specifically, the issue was whether by paying only the amounts which may be claimed under the CJRS …

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