Clarkslegal LLP - Solicitors in Reading and London

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Aug
09
2011

Flying into trouble
#Dispute Resolution

A contract often contains a degree of flexibility about whether one of its terms must be complied with. Blackpool Airport Limited (BAL) recently found out that such clauses don`t necessarily give as much wriggle room as might be thought. BAL agreed with low cost airline Jet2.com to "co-operate together and use their best endeavours to promote Jet2.com`s low cost services from [Blackpool Airport]" and to "use all reasonable endeavours to provide a low cost base to facilitate Jet2.com`s low-cost pricing". The parties` obligations governing their 15 year agreement were set out in a short letter drafted, according to the court, "with little legal assistance"....

Jul
27
2011

A Single European Contract Law?
#Dispute Resolution

The single European currency may be undergoing a difficult period, but the European Commission is nevertheless pressing ahead with its plans for the formation of a single European contract law aimed at supporting trade across countries within the European single market....

Jul
19
2011

A Brief Overview of the Law Relating to Late Delivery
#Dispute Resolution

When purchasing a car, consumers want their new vehicle as soon as possible. If you look at any internet car forum or motoring magazine these days, it is not uncommon to find complaints about the late delivery of new vehicles and enquiries about what legal action consumers can take....

Mar
03
2011

Update and clarification on recoverability of damages
#Dispute Resolution

When companies do business with one or another there is nearly always a contract involved. Differences often arise between the parties and ultimately one party may deem the other`s behaviour to be such that it has breached the contract and sues the breaching party for losses it has suffered....

Mar
03
2011

Binding contracts created by email
#Dispute Resolution

In the recent decision of Nicholas Prestige Homes -v- Neal (2010) the Court of Appeal confirmed that a contract will be validly created by an email exchange between the parties....

Mar
03
2011

Proposed reform of the Brussels Regulation
#Dispute Resolution

When the political entity which became the European Union was created in the 1950`s, one of its major innovations was to provide for the easy enforcement of Judgments between member states....

Feb
11
2011

Terms and Conditions "available on request"
#Dispute Resolution

A recent case put a new twist on the age old question of whether one party`s terms and conditions apply to a contract, sometimes known as ‘the battle of the forms`. This issue can be of crucial importance because a customer`s claim that might otherwise succeed can fail under "pro-supplier" terms and vice versa....

Nov
09
2010

Are you interested in more interest?
#Dispute Resolution

Most businesses include in their standard terms of business a provision that, if they are not paid on time, typically within 30 days, interest will be payable on their outstanding invoice....

Nov
02
2010

Determining Jurisdiction under English Law
#Dispute Resolution

Does English law apply to foreign individuals and companies in this country? In the eyes of the law nationality is irrelevant....

Jul
12
2010

Motor Consumers - Defence is the best form of attack
#Dispute Resolution #Automotive

We are often asked to advise on matters where parties claim that they had agreed something either over the telephone or in person but there is no written record of that agreement. In the recent case of Pebble v Costa, the Court of Appeal stated that where there is no evidence of an agreement in writing, it was open to a judge to decide what had been agreed based only on what appeared likely in the circumstances and how the witnesses appeared in court....

Jun
08
2010

Commercial Agents Update
#Dispute Resolution

A crucial part of the Commercial Regulations that all agents need to be aware of is that you lose your right to compensation or an indemnity if you fail to serve notice of your intention to make a claim within one year of termination of your agency agreement (Regulation 17(9)). If you fail to comply with the notice requirements in the Regulations you will lose your claim to an indemnity or compensation however strong your case may have been....

Mar
23
2010

Goodbye House of Lords - Hello Supreme Court
#Dispute Resolution

The House of Lords has been the highest Court in the land for 133 years. Its history, however, can be traced back to the 14th century. On 1 October 2009 that history was swept away when it was renamed the Supreme Court. At the same time, it moved to a dedicated new Court in Middlesex Guildhall - just across Parliament Square from the House of Lords, which is being refurbished at a cost of £77m....

Mar
09
2010

Domain Name Disputes
#Dispute Resolution

A brand can be one of the biggest assets of a business. With an increasing amount of online commerce, protecting your domain name is paramount. Julia Holt looks at domain name disputes and ways to avoid them....

Mar
09
2010

Online Defamation - Prioritise Protecting Your Reputation
#Dispute Resolution

There is a thin line between free speech and defamation. With the hive of networking, blogging and reviews online reaching a global market when is that line overstepped and what can you do to protect the good name of your business?...

Feb
24
2010

What`s so super about injunctions?
#Dispute Resolution #Crisis Management

Injunctions can be very powerful tools in litigation. Stephen James looks at why John Terry`s recent application for a "super injunction" failed"...

Feb
04
2010

Challenging A Will
#Dispute Resolution

There are many ways to challenge a Will or its effect on an estate. It may be that, instead of pursuing a claim that the Will is invalid, your claim should be addressed to a professional adviser who drafted the Will or gave tax advice etc (especially if a prior Will would then be effective which did not have acceptable terms or there is no Will at all)....

Feb
03
2010

Costs turn winners into losers
#Dispute Resolution

Lord Justice Jackson`s Final Report on civil litigation costs ("the Report") was published on 14 January 2010. Two recent cases highlight how costs can turn a winning party into a loser: Earles -v- Barclays Bank and Barr -v- Biffa Waste Services...

Feb
03
2010

Goodbye House of Lords - Hello Supreme Court
#Dispute Resolution

House of Lords replaced with Supreme Court on 1 October 2009...

Feb
03
2010

Ten facts ten years after the Woolf reforms
#Dispute Resolution

The Woolf Reforms ten years on - ten facts...

Feb
01
2010

Double Partner Appointment
#Dispute Resolution

We are delighted to announce the appointment of John Warchus from Shadbolt and promotion Chris Tayton, member of the firm`s Dispute Resolution team....

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