One of the consequences of the UK choosing to take a path apart from that chosen by the EU is the development by the UK of an investment control regime. This has recently materialised into a more thought out form, via the publication by the UK government of the UK's proposed National Security and Investment Bill.
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There are lessons to be learned from the fallout between the EU and AstraZeneca over the delivery of vaccines. While cooler heads prevailed in the end, these lessons can apply to any manufacturing contract (or even any contract for goods or services). Here Stephen Chan, Partner at Harper Macleod and Tutor on Commercial Contracts, University of Glasgow, take a look at the key issues.
The Supreme Court has handed down its judgment on the operation of Business Interruption insurance policies, with particular reference to the effects of Covid-19. The Supreme Court has substantially found in favour of the insured businesses. Given the continual and fast-moving changes to the Government's instructions through press conferences in response to Covid-19, this is welcomed clarification for businesses and policyholders alike.
Passing off is where a business or entity improperly takes advantage of the goodwill and reputation in a similar brand owned by another business or entity. A recent English has reaffirmed a business's right to a legal remedy in the event of post-sale confusion, where those who see a consumer utilising goods after the sale may make the association. This additional level of protection is likely to be well received by those whose business model is predicated on brand recognition throughout the lifetime of their product.
As part of the Brexit negotiations, the UK successfully negotiated with the EU that a new subsidy scheme would be set up to replace EU State Aid rules. What will this mean in practice for businesses?