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Archive for December, 2016

Thursday 15 December 2016

MH Dispute Resolution

Is “Brexit” a frustration?

In many contracts, one or other party may rely on the benefits of membership of the European Union (EU) in order to make the contract profitable or even viable.  For instance a contract may oblige parties to comply with EU Laws, or have a territorial aspect which refers to “the EU”, or it may benefit from EU subsidies or tariffs.

 

Friday 9 December 2016

MH Employment Update

Rocky Times Ahead For The Gig Economy?

There has been a lot of attention in the media recently about the so-called gig economy, that is, the method of working in which temporary positions are common and organisations contract with independent workers for short-term engagements, as opposed to the traditional employment model. Two recent news items have highlighted the considerable unrest and legal uncertainty in this sector.

App-based taxi provider Uber hit the headlines at the end of October when an employment tribunal held that two of its drivers were not self-employed contractors as Uber claimed, but were ‘workers’. This meant they are entitled to the national minimum wage, paid annual leave and whistleblower protection. Uber’s arguments that it is merely a technology platform as opposed to a transport provider and that its drivers are self-employed contractors offering their services to passengers via the Uber app were rejected comprehensively.

MH Contact Bob Cordran

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Friday 9 December 2016

MH Corporate

E-signatures in Commercial Contracts

Introduction

The days when parties to a transaction would have to be physically at the same meeting to sign transaction documents are diminishing. It is now common practice for the lawyers involved to arrange a signing via email. Transactions typically see signatories signing a hard copy document in wet ink, and they then scan and send the document by email. However, as technology evolves, the use of e-signatures has become increasingly common. This article sets out the present position on the scope for use and acceptance of electronic signatures in commercial transactions in the UK.

Restrictive Covenants – will they make the cut?

In the recent case of Rush Hair Ltd v Gibson-Forbes & Anor [2016] EWHC 2589 (QB), the High Court considered the enforceability of two restrictive covenants contained within a share purchase agreement (SPA).

The Facts

In March 2015, the claimant, a hairdressing company called Rush Hair Limited (Rush), entered into a share purchase agreement (SPA) with the first defendant Hayley Gibson-Forbes (H), to purchase the share capital of two companies owned by H: Hair (Windsor) Limited and Hair (Maidenhead) Limited (Companies). Rush agreed to pay £25,000 on completion of the SPA, and a further £15,000 (Deferred Consideration) six months after completion provided that H did not breach any of the provisions of the agreement.

 

Friday 9 December 2016

MH Commercial and Media

Brexit and the Film Industry: Threats and opportunities

As with most other industries, the potential impact of Brexit on the UK film industry is still very uncertain, with much depending on the type of Brexit which the UK government decides to implement. We set out below some of the key threats and opportunities that Brexit may present for the UK film industry.

Friday 9 December 2016

MH Real Estate

Banksy’s mural – who owns what when a tenant leases a property from a landlord

A mural attributed to the elusive street artist Banksy has raised some interesting points about who owns what when a tenant leases a property from a landlord.

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