Ashfords' In-House Bulletin - June 2021

This In-House Bulletin provides key legal updates across all 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.

Professional Indemnity Insurance in construction – Market trends and contractual considerations

The UK’s Professional Indemnity Insurance (“PII”) market is hardening, making it increasingly difficult for contractors and consultants alike to obtain such cover on commercially viable rates and terms. 

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Yes, you can sign property documents electronically!

The pandemic has fast-tracked advances in technology and one particularly welcome development is the embracing of electronic signatures in legal documents.

HM Land Registry announced last July that, where certain requirements were met, it would accept documents for registration that have been signed electronically. Since then, e-signature platform providers have been valiantly rising to the challenge, whilst property lawyers get to grips with the practicalities and legal niceties.

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Fire and Rehire – Will it still be legal?

ACAS has now published its paper “Dismissal and re-engagement (fire-and-rehire): a fact-finding exercise”. This document had previously been provided to the government to consider in light of recent proposals to legislate on the legality of fire and rehire practices. So what does this mean for fire and rehire, and is it likely to spell the end for fire and rehire in the future limiting options for employers?

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Giving notice under a share purchase agreement

We have reported previously on cases where notice provisions in share purchase agreements have been applied strictly. In a recent case, the Court of Appeal has refined its approach to this question.

In 2016, United Luck Group Holdings Ltd bought Outfit7 Investments Ltd, the holding company of a group which develops apps for mobile phones. The share purchase agreement included a tax covenant under which the sellers agreed to pay the buyer an amount equal to any tax liability of a group company arising from pre-completion matters. To bring a claim under the tax covenant, the buyer was required to give written notice to the sellers stating ‘in reasonable detail the matter which gives rise to such Claim’.

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The ICO Data Sharing Code: resolving misconceptions

There are huge benefits of data sharing, for example facilitating access to wider pools of data which leads to innovation and technological advancements. We have seen this first hand during the COVID-19 pandemic, when measured data sharing between organisations enabled the roll-out of new technologies under tight time constraints, such as the NHS Test and Trace service.

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