Ashfords' In-house legal bulletin: August 2023

Our in-house bulletin provides key legal updates across various practice areas to help ensure in-house lawyers, GCs, contract and procurement managers can easily and efficiently keep abreast of what’s happening in the legal world.

In this edition we discuss: recent legislative changes which provide more protection to employees in respect of family-related matters; the latest Law Society guidance on the impact of climate change and how it relates to the real estate sector; a recent case where an “entire agreement” clause was not sufficient to revoke a deed previously made by the parties; and finally, we provide some practical “tips” for organisations to consider when exiting a loss-making commercial supply contract.

Shareholder arrangements and deeds: have you checked if one conflicts with the other?

In this article we look at the recent High Court case of Colicci v Grinberg & ECSI Limited [2023]. We will see how the High Court came to decide that an ‘entire agreement’ clause in a shareholders’ agreement was not sufficient to revoke a deed made previously by the parties.

This article will also highlight matters to consider when reviewing the construction of terms in commercial agreements and their interrelation with other potential conflicting provisions.

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Climate change in the Real Estate Industry

The impact of climate change is extensive and constantly evolving.  All businesses need to think about their climate change duties, the sustainability of business models and their future strategy. For the real estate industry, the pressure to address climate change is felt on a very practical level.

The recent Law Society guidance, 'The impact of climate change on solicitors', demonstrates the requirement for solicitors to be aware of climate change and to make proactive changes to address climate risk throughout their work. 

In this article, we explain the liability and transitional risks that will impact lawyers with their changing professional duties.

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Energy Efficiency

I’m a loss-making supply contract – get me out of here!

As the cost of living crisis and general downward trend starts to impact, contractual arrangements which might have been attractive a few years ago could now be becoming problematic. In-house lawyers will probably be seeing a few of these coming across their desks.

In this article, Ashfords’ Commercial Litigation team explores potential avenues for exit, re-negotiation or temporary relief in respect of loss-making commercial supply contracts. There might be more scope to improve things than you initially think.

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Family-friendly policies and protection – what changes you need to be aware of

The legal landscape around family-related employment protection is currently going through a considerable amount of positive change. Businesses will need to be aware of these changes, as some (in particular the additional protection against redundancy for employees returning from maternity leave) may impact on future strategic and management decisions. 

In this article, highlight some key legislations that have recently made those changes into law.

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Data Protection Webinar

Our latest data protection  webinar focuses on privacy considerations for businesses using artificial intelligence (AI). Tom Phipps, Charlotte Kingman and Hannah Pettit discuss how the current data protection regime in the UK is applied to the processing of personal data through AI tools and processes.

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