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Article 16/12/2020
Personal guarantees can be crucial for businesses, allowing them to expand and improve cash flow where they otherwise would not be able to. Guarantors are often aware of the risks attached to the provision of such a guarantee. However, in some cases clauses can be misleading, making it unclear what is required under the contract and/or guarantee.
Article 15/12/2020
International law firms such as Kennedys are often involved in commercial disputes involving multiple jurisdictions. However, cross-border dispute resolution often comes with a problem – how to enforce the judgment in the losing party’s jurisdiction in order to make a commercial recovery.
Article 11/12/2020
With the Brexit transition period ending in a few weeks, it is an opportune time to provide a refresher on jurisdiction and governing law in civil and commercial matters within the EU.
Article 11/12/2020
Applied since 11 January 2009, Rome II allows parties to contractually agree a governing law for non-contractual obligations. It harmonises the rules by which the applicable law to non-contractual disputes is determined and brings greater legal certainty, in particular in cases of tort.
Article 11/12/2020
Rome I determines which national law should apply to contractual obligations in civil and commercial matters involving more than one country in the EU.
Article 06/03/2020
Developments in relation to proposed changes to the discount rate in Northern Ireland have long been awaited and whilst the rest of the UK has forged ahead implementing new methodologies to their discount rate, the lack of any government in Northern Ireland led to uncertainty and complaints of discrimination by claimant representatives.
Article 23/08/2019
The rules surrounding commercial disputes in Northern Ireland (NI) are going through a period of significant change. This principally involves the creation of a specialist court with new case management rules aimed at resolving cases more quickly and cost-effectively, as well as improving commercial clients’ general experience of the litigation process.
Article 15/07/2019
After a long reform process lasting nearly two and a half years, the Lord Chancellor has today finally determined a new personal injury discount rate of minus 0.25% effective from 5 August 2019.
Article 21/06/2019
A summary of key developments including the Law Commission’s response to the AV consultation, government plans to regulate the fourth industrial revolution, the extension of the fixed recoverable cost regime, an update on the discount rate in Scotland, insurer reporting provisions and an awaited appeal to decide the extent of an employers’ liability for their employees actions.
Article 19/06/2019
The Scottish Government has announced that the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (the Act) will come into force on 1 July 2019, triggering the UK Government Actuary's Department (GAD) to start work assessing a new Scottish rate.
