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Case review 2021-04-20
The Court of Appeal decision in Morley (t/x Morley Estates) v Royal Bank of Scotland Plc [11.03.21] considered whether a borrower had been subjected to economic duress or intimidation during negotiations with Royal Bank of Scotland (RBS) to restructure a loan.
A summary of recent developments impacted by Brexit, including employment law impacts, the implications of the Free Trade Agreement for SMEs, cross-border insolvency and the use of the Model Law to combat issues, data flows in a post-Brexit world and an overview of UK legal and regulatory issues for 2021.
Witness statements for trial executed on or after 6 April 2021 in the Business and Property Courts will face new significantly stricter rules and harsher punishments for non-compliance as Practice Direction 57AC (PD) comes into force.
Case review 2021-03-11
Tesseract International Pty Ltd v Pascale Construction Pty Ltd  SASCA 8
Kennedys in Australia, acted for the Respondent in this matter which saw the Court of Appeal continue to move away from a rigid approach to issues of uncertainty in contractual interpretation. Instead, the Court of Appeal favoured a more progressive approach that centred on commercial efficacy and a desire to uphold reasonable commercial bargains.
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
The Legal 500 APAC 2021 results has seen Kennedys build on our 2020 achievements and confirmed the strength of the firm’s reputation across the region.
Despite the “push to the eleventh hour”, the initial response to the achievement of a trade deal was one of positivity and relief. Relief that the deal would provide some certainty and avoid widespread disruption. This response although entirely understandable given the confusion of the last 4½ years of negotiations, ignores both the most positive, and most negative, aspects of the deal.
Modern slavery has become a growing concern for businesses across all sectors, becoming an issue insurers are taking seriously.
The launch of the 2021 edition of Chambers Asia-Pacific has seen Kennedys build on our 2020 achievements and confirmed the strength of the firm’s reputation across the region.
A summary of recent developments, including a brief overview of supply chain management issues in light of the government consultation into transparency in supply chains response, the rise in personal guarantees being called upon in the current economic climate, the impact of the current introduction of joint liability notices by the HMRC on directors and shareholders and the recent judicial review decision impacting the changes to the Use Classes Order and permitted development rights.