Edwin Coe Newsletter – Summer Edition 2017
Inside this issue:
Corporate and commercial law
The uncertainty of agreements to agree
In a recent case between a shipping company and a shipbuilder, Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd  EWHC 253 (Comm), an agreement granting the shipping company the option to purchase ships from the shipbuilder was ruled void for uncertainty by the High Court.
Insurance litigation law
Cyber risk in the manufacturing industry
As the cyber insurance market develops it is clear that the majority of cyber insurance is being purchased by those businesses at risk of data breaches, including retailers and financial services providers. However, data breaches, cyber-attacks and indeed IT system failures can affect any business in all industries and the manufacturing industry, which consists of companies in the automotive, aviation, construction, building materials, machinery and defence industries is far from immune.
Intellectual property law
Keep your PECR up! Emails about future marketing are marketing
The Information Commissioner’s Office (ICO) has served a timely reminder that when it comes to sending out electronic marketing (e.g. emails) it is important to consider whether the recipients of that marketing have previously notified you that they consent to receiving these communications from you. In this regard, emails which ask whether someone wants to receive marketing emails in the future, themselves count as marketing emails and should not be sent without the appropriate consent.
Indirect discrimination made simple?
In the decision in the joined recent cases of Essop and Naeem  UKSC 27, the Supreme Court undertook this daunting task: the simplification of indirect discrimination law.
Property litigation law
Commercial rent deposits: what happens on insolvency of landlord or tenant?
Landlords often require their tenants to provide a rent deposit as security for payment of the rent and performance of the tenant’s covenants in the lease. The rent deposit deed will set out the circumstances in which the landlord can draw against this money and the conditions that must be satisfied for the deposit to be repaid to the tenant. Both landlords and tenants need to be aware of the implications of the other becoming insolvent in relation to the rent deposit funds.