Disruptive Asset Finance – Spring 2021

Welcome to the Spring edition of Disruptive Asset Finance

There can be no doubt that COVID-19 has changed and challenged business models but we optimistically move forward and, having COVID-19 restrictions relaxed, we hope to see opportunities for businesses to bounce back and re-build. Businesses will need financial support to move ahead and teams across Clarke Willmott are here to support the Asset Finance Industry.

In this edition I consider some of the changes that businesses can expect to cross-border litigation now the Brexit transition period has come to an end. Lyssa Reeve and Cathy Harris set out some practical advice concerning social distancing and the enforcement of a judgment debt. We are about to see a cultural shift in the way witness evidence is prepared and presented for trial – Ellen Yeates tells us what to expect. We will update you in relation to the Business Interruption insurance case bought by the FCA which has now been determined by the Supreme Court.

John Flint

In this edition

Recovering debts during the COVID-19 pandemic

The COVID pandemic has placed many businesses in the difficult position of needing to recover debt. However, obtaining a court judgment is only part of the process. When a judgment debt is not paid, taking steps to enforce payment from the debtor will often be necessary. Read more

Business interruption insurance: clarity from the Supreme Court

The current pandemic has had, and continues to have, a devastating effect on businesses across the world. The Supreme Court has now handed down its judgment on the FCA’s business interruption insurance test case on Friday 15 January 2021 in an appeal from the Commercial Court. Read more

Important changes to trial witness evidence in the Business and Property Courts

If you have ever experienced being a witness in a civil case you may have been surprised at how your evidence was prepared and presented to the court. Read more

Brexit and your intellectual property rights

On 31 December 2020 the Brexit transition period came to an end and this meant EU Trade Marks (“EUTMs”) and Registered Community Designs (“RCDs”) no longer extend to, and are enforceable in, the UK. But what does this mean for rights holders? Read more

Litigating in Europe after Brexit

No doubt Brexit will spark disputes but how will cross-border litigation work post-Brexit where one party is based in the UK but the other party is based in an EU member state or where the dispute has a connection to an EU member state? Read more