EM Law | Commercial Lawyers in Central London

Welcome to the EM Law Blog

Our team of experts is here to share the latest legal developments, insights, and practical tips for you or your business. We cover a wide range of topics, including tech, software, AI, data protection, and compliance.

August 15, 2025

Letter Before Action: What is it, Why it Matters and What it Should Say

A letter before action is a catch-all term for a letter that sets out a legal claim against someone else, whether a company, partnership or an individual. Lawyers use different…

image of a software code being reflected over a woman heading an article by EM Law about a new Software as a Service (SaaS) case

September 6, 2024

Is SaaS defined as “goods”? The judgment in Kompaktwerk GmbH v LivePerson Netherlands B.V [2024] EWHC 2278 (Comm)

A recent judgment in the Commercial Court brings useful clarification to the law of agency and an agent’s entitlement to the protections of the Commercial Agents (Council Directive) Regulations 1993…

August 16, 2024

Understanding “Without Prejudice” in Legal Negotiations

In the world of legal disputes and negotiations, the term “without prejudice” is a powerful tool that allows parties to communicate openly and attempt to reach a settlement without fear…

image of an ice cream splashed on the pavement heading an article by EM Law about negligence

August 2, 2024

Negligence: A Comprehensive Guide

Negligence is a “tort” under English law. A tort is an act or omission, other than a breach of contract, that causes harm or loss to another person, resulting in…

July 30, 2024

Understanding the Meaning of Prima Facie

In legal contexts, the term ‘prima facie’ holds significant importance. Derived from Latin, it translates to ‘at first sight’ or ‘on the face of it.’ In the UK legal system, it is used to describe evidence…

image showing a red telephone booth heading an article about changes to dispute resolution and compulsory mediation for small claims

April 25, 2024

Changes to Dispute Resolution: Compulsory Mediation for Small Claims

In our recent blog on Civil Procedure Rules, we discussed the concept of alternative dispute resolution (ADR) and its voluntary character in resolving disputes. Mediation, a form of ADR, involves an independent mediator who…

image showing a fairytale book heading an article about civil procedure and litigation rules

April 19, 2024

Civil Procedure Rules: Navigating the Rules of Litigation

Civil litigation involves resolving disputes between individuals, organisations, or entities through the court system. The Civil Procedure Rules (CPR), established by the Civil Procedure Act 1997 and refined by the…

image of a suspension bridge heading an article discussing a jury trial in civil cases

March 21, 2024

Should a Jury Trial Be Ordered in Civil Cases? Taylor v Savik & Anor [2024] EW Misc 15 (CC)

Most civil cases tried in court do not involve a jury. It is usually a single judge that hears them and decides them by determining facts and applying the relevant…

image of an employee in a lab accompanying an article on court case where limitation clause proved effective in limiting liability for dishonest employees

February 9, 2024

Case Update: Limitation Clause Proved Effective in Limiting Liability for Dishonest Employees

In the recent High Court decision of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), it was held that a limitation of liability clause…

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