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  • 05 October 2018
  • Litigation and dispute resolution

Assessing Costs – What does proportionality really mean?

In civil litigation the presumption is that the losing party pays the winner’s costs. However, unless agreed, such costs must be assessed by the Court. This process is of crucial importance because the winning party must pick up the shortfall itself, eating into the proceeds of claim.
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  • 04 October 2018
  • Construction

Can off-site manufacturing improve productivity in the construction industry?

The Government recently published a report into off-site manufacturing for construction, exploring how construction industry productivity can be improved through the use of off-site manufacturing. The report is available here.

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  • 14 September 2018
  • Employment

Updates to the ACAS guidance for job references

Almost every job application in the modern world will ask for a reference to accompany an application. It is an important tool to establish whether a candidate is suitable for the role they are applying for.

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  • 07 September 2018
  • Employment

Constructive Dismissal: Breach of contract

In a recent High Court decision, the Court reaffirmed some important considerations when dealing with alleged breach of contract by an employer.

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  • 03 September 2018
  • Commercial Real Estate

Japanese knotweed – What a nuisance

Fallopia Japonica, otherwise known as Japanese knotweed, has always been seen as an aggressive nuisance to property owners but the recent case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell EWCA Civ 1514 has now confirmed that the presence of Japanese knotweed is also an actionable nuisance. This case involves some knotweed on Network Rail’s land that was within 7 metres of the two claimants’ properties.
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  • 14 August 2018
  • Commercial Real Estate

What happens when commercial property is damaged after exchange of contracts?

The answer is that it will depend on the terms of the sale and purchase agreement. When dealing with commercial property, the parties usually rely upon the Standard Commercial Property Conditions which provide at Condition 8 that the Property is at the risk of the buyer from the date of the Contract.
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  • 01 August 2018
  • Corporate and M&A

Clarkslegal advises BMW Group UK on recent acquisition

Head of Corporate, Ashan Arif supported by Kirstin Parker, Caroline Lendrum and Martha Craven, advised BMW Group UK on its recent acquisition from H.R. Owen. Details of the transaction are confidential.

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  • 19 July 2018
  • Construction

The Construction Sector Deal – investment in “bytes and mortar”

On 5 July 2018, the Government announced its Construction Sector Deal worth £420 million to transform the UK construction industry by improving productivity through greater investment in innovation and skills.
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  • 05 July 2018
  • Commercial Real Estate

Accessing commercial land to carry out works

We are often asked by commercial clients whether there is any legal right to go on to land owned by another commercial property to carry out repair and maintenance works where it is not possible to carry out such works from the landowner’s own property and there is no legal right in place allowing access to the land.
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  • 02 July 2018
  • Commercial Real Estate

Clarkslegal advises Chef Emily Roux in Joining Her Family’s London Restaurant Dynasty

Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère.
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  • 26 June 2018
  • Public Procurement

Challenging a procurement award: what are the possible outcomes?

Losing a tender is never a welcome experience, especially when significant time and money has been expended on preparing your bid. In some cases, there may be good reasons to challenge the outcome legally. But what are the possible outcomes of challenging the award of a public contract?

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  • 20 June 2018
  • Corporate and M&A

Clarkslegal wins Strike Out Application following new Contract Law ruling

In a hugely significant judgment for businesses, the Supreme Court has tightened the flexibility traditionally enjoyed by contracting parties to vary the terms of their contracts (Rock Advertising Ltd v MWB Business Exchange 2018).
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