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Feb
23
2016

The Court of Appeal and TOWIE – more clarity on Part 36
#Dispute Resolution

The Court of Appeal has allowed the appeal in Sugar Hut Group –v- AJ Insurance, thereby allowing parties more confidence in predicting the consequences of a Part 36 offer. The case concerned a claim for damages arising from a fire at a nightclub that had featured prominently in “The Only Way is Essex”....

Feb
08
2016

New requirements for landlords to check immigration status of tenants
#Dispute Resolution #Real Estate

From 1 February 2016, landlords of residential properties are now required to carry out ‘right to rent’ checks on prospective tenants to ensure that they have the right to live in the UK before granting a tenancy. Failure to carry out the requisite checks can leave landlords liable to pay a fine of up to £3,000....

Jan
12
2016

What to expect for 2016
#Clarkslegal #Construction #Corporate #Dispute Resolution #Employment #UK Immigration #Private Client #Real Estate #Commercial

Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...

Dec
10
2015

Public procurement: can bidders who refuse to pay minimum wage be excluded?
#Public Procurement #Dispute Resolution #Outsourcing & Supply Chain

In the recent case of RegioPost GmbH v Stadt Landau in der Pfalz, the European Court of Justice has decided that excluding a bidder from a tender who had failed to complete a declaration confirming that it would pay minimum wage to its workers did not constitute a breach of European public procurement law. ...

Dec
04
2015

Can you recover rent after exercising a break clause?
#Dispute Resolution #Real Estate

As any commercial landlord or tenant knows, rent is usually payable quarterly in advance. However what happens if you have paid rent for a full quarter but you are able to end your lease by serving a break notice that takes effect during the course of that quarter. Are you entitled to the return of rent relating to the period after the end of the lease?...

Nov
11
2015

Marking of Public Tenders criticised by Court
#Public Procurement #Dispute Resolution

One of the most interesting procurement decisions to come out of the court in recent months is that of Woods Building Services v Milton Keynes Council. ...

Nov
09
2015

Penalty Clauses in Contracts - all change after 100 years
#Dispute Resolution

It is common to see clauses in commercial contracts which seek to fix the damages which will be payable if one party breaches their contractual obligations. Sometimes the figures will be broadly what the parties would expect the financial loss caused by the breach to be. In other cases, the figures will be widely excessive and the suspicion will be that the person drafting the contract was seeking to impose an additional incentive on the other party to comply with the terms of the contract to avoid being heavily penalised....

Nov
02
2015

When is an agent entitled to commission?
#Dispute Resolution

It is common, particularly following termination of an agency agreement, for agents and principals to become involved in disputes over the commission which the agent is entitled to be paid. ...

Oct
12
2015

New Consumer Rights Act 2015
#Dispute Resolution

The Consumer Rights Act 2015 which came into force on 1 October 2015 marks one of the biggest overhauls of consumer law in recent years. The aim of the new Act is to make the law clearer and easier to understand. ...

Sep
14
2015

Changes to section 21 notices
#Dispute Resolution

Residential landlords need to be aware of the changes to section 21 notices which are coming into force from 1 October 2015....

Aug
24
2015

Controlling Abusive Behaviour by Ex-Employees
#Dispute Resolution

The growth of the internet and the readily accessibility of platforms for public comment have made it easier than ever for disgruntled or vindictive ex-employees to make disparaging comments about their former employer and colleagues. ...

Aug
14
2015

Defamation under a pseudonym
#Dispute Resolution #Crisis Management #Education

The long running case of Tardios & St John’s Preparatory and Senior School –v- Pammela Linton (aka Patricia Carpenter) raised a number of interesting issues both from an education and defamation perspective. ...

Aug
07
2015

Less than half of employers have a whistleblowing policy
#Employment #Dispute Resolution

The whistleblowing charity, Public Concern at Work, has published this week some YouGov survey results showing that, surprisingly, only 48 per cent of workers in a representative sample said their workplace had a whistleblowing policy. This was despite the fact that 81 percent of workers surveyed said they would raise a concern about possible corruption, danger or serious malpractice at work. In the last two years, 11 per cent of workers said they had such concerns. Of those, 59 percent had raised them with their employer....

Jul
22
2015

Surely it can’t mean that?
#Dispute Resolution

Two recent cases, one in Supreme Court and the other in the High Court give an interesting illustration of the approach taken to interpret a contract. Although in each case the court applied the same legal test, it reached the opposite result. ...

Jun
24
2015

Am I a commercial agent?
#Dispute Resolution

Agency arrangements often arise informally, and we are sometimes consulted by agents and principals who are not sure whether they fall within the Commercial Agents (Council Directive) Regulations 1993 (the Regulations) or not. ...

May
22
2015

Don’t wind me up!
#Restructuring & Insolvency #Dispute Resolution

A winding up petition can be a very effective tool to persuade a reluctant debtor to pay an outstanding invoice. Not only is there the prospect of the company being placed into liquidation, a petition can be advertised seven business days after it is served. Advertisement typically results in the company’s bank account being frozen, which will inevitably have a paralysing effect on its business. Once this stage has been reached the company may have passed the point of no return....

May
06
2015

Websites from Hell
#Crisis Management #Dispute Resolution

The recent case of Rada-Ortiz v Espinosa-Vadillo is welcome news for employers and others dealing with the actions of a disgruntled ex-employee....

Apr
01
2015

Increase in Court Fees - An Incentive to Settlement?
#Dispute Resolution

On 9 March 2015 the Government substantially increased the Court fee for starting civil claims – in some cases by as much as 600%....

Feb
10
2015

Celebrity Chef Litigation
#Dispute Resolution

You cannot have escaped the recent judgment regarding Gordon Ramsay. For those who haven’t heard of him he is a celebrity restaurateur and the star of several TV food programmes including Hell’s Kitchen. ...

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