29 March 2019
Immigration

Professional Sportsperson redefined

The new definition of a ‘professional sportsperson’ has caused chaos as it widens the definition of activities which fall within this prohibition.

14 March 2019
Construction

Adjudication decision cannot be used to resist prior adjudication

In M Davenport v Greer, one of the first cases to follow the court of Appeal’s decision in S&T v Grove (which we discussed here), the TCC held that an employer could not use a “true value” adjudication decision as a defence or set off to enforcement proceedings for an earlier decision in favour of the contractor.

12 March 2019
Commercial Real Estate

Company Voluntary Arrangements

A Company Voluntary Arrangement is a procedure that allows a company: to settle debts by paying only a proportion of the amount that it owes to creditors

07 March 2019
Employment

‘Why question the power of women to lead?’

Women taking leadership roles is often portrayed these days as a ground-breaking development, something achieved through relatively recent laws and strong social pressure about equality of opportunity.

01 February 2019
Construction

Liquidation and adjudication

Adjudication is a relatively quick and cheap way of determining a construction claim. It is temporarily binding, meaning that with limited exceptions, it will be enforced by the courts unless and until it is overturned in subsequent litigation.

18 January 2019
Construction

Building connections: the Internet of Things and construction

There is a lot of talk about the “Internet of Things”, or IoT. But what does that actually mean – and what does that mean for the construction industry

11 January 2019
Construction

The meaning of ‘Practical Completion’

The term ‘practical completion’ is not defined in many industry standard forms of building contract, such as the JCT, which can lead to uncertainty and disputes as to whether works are in fact practically complete. Very often therefore, project specific definitions are incorporated by amendments to the standard forms. There have been two very recent cases on the meaning of ‘practical completion’ and we now consider the key issues arising.

03 January 2019
Corporate and M&A

Powers of Attorney and Corporate Transactions

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon.

19 December 2018
Employment

Recruiters warned of potential liability during Christmas

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions.

10 December 2018
Corporate and M&A

Discretionary right in contract

Most people would assume that, if a contract gives one party a right to do something “in its absolute discretion”, that is the end of the matter.

10 December 2018
Commercial Real Estate

Landlords: spurious redevelopment schemes

Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant.

06 December 2018
Construction

2018/2019 – 5 key themes in Construction Law

2018 has been a rollercoaster year for construction. The collapse of Carillion casting light on unfair payment practices, abuse of retentions and the woeful profit margins.

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