Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
I’m not talking about shouting or causing injury in negotiations….…but rather about allowing the other side to become so dependent upon your fulfilment of a (non-contractual) promise that it is prepared to enter into whatever agreement you give them in order to see that promise fulfilled.
That was the position of ship owners in a recent case who, having breached a previous obligation to provide a ship, so delayed the subsequent provision of the ship that the Charterers were prepared to sign almost anything (including a waiver in respect of previous losses) to get the ship and to avoid catastrophic loss.
Whilst nothing illegal was done, the court found the contract was obtained by “economic duress” and therefore unenforceable.
When you’re in a very strong negotiating position dealing with a desperate counterparty the lesson seems to be not to push your luck too far – after all – nobody likes a bully!
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
View blog
The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.
The much anticipated revision of the discount rate has arrived with the Lord Chancellor, David Gauke, announcing that it will be fixed at -0.25%.
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
Partner
Select which mailings you would like to receive from us.
Sign up