05 December 2014
Commercial Real Estate

A Business Partner`s Entitlement to Apply for a new Lease under the landlord and tenant act 1954

The Court of Appeal (CA) has very recently decided that an application for a new business tenancy made by one of two business partners was not a valid application where the existing lease was held by both partners.

25 June 2014
Litigation and dispute resolution

What if my principal is in breach of our agreement?

An agent loses his entitlement to compensation or indemnity, though, if the reason for termination is that he is in breach of the agreement.

07 February 2014
Litigation and dispute resolution

What does your agency agreement say about compensation?

Under the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”), an agent is usually entitled to a payment when his agency agreement is terminated by the principal (unless the agreement is being terminated as a result of the agent’s own breach).

13 April 2013
Construction

Guidance on contractor claims: extensions of time and loss and expense

A very significant recent case, Walter Lilly v Mackay EWHC 1773 (TCC) has provided the construction industry with some much needed guidance and clarity in relation to treatment of many of the common elements of construction disputes: extensions of time, concurrent delay and loss and expense.

09 April 2013
Commercial Real Estate

Disposing of Charity Property

The Commercial Agents (Council Directive) Regulations 1993 provide important rights for commercial agents who sell or negotiate the sale or purchase of goods on behalf of others, including the right to receive compensation or an indemnity on termination of the agency relationship.

05 April 2013
Employment

Facebook dismissals: gross misconduct or stress relief and letting off steam after a bad day?

Just 2 months after they were introduced by the Government in an attempt to combat sickness absence, it appears that the fit new note is open to misuse.

11 March 2013
Commercial Real Estate

Break clauses – case law update

Compliance with conditions in break clauses continues to be a difficult area which provides much work for litigators.

08 February 2013
Litigation and dispute resolution

Case demonstrates Court`s reluctance to interfere in commercial contracts

Although it is a general principle under English law that parties should be free to negotiate their own contract terms, the Court may decide that a clause is “unenforceable” in certain circumstances, even where both parties have signed up to it.

18 January 2013
Commercial Real Estate

Introduction to the Green Deal and how it works for commercial property

The Green Deal was introduced under powers in the Energy Act 2011 and is a funding mechanism for energy efficiency improvements to property.

12 November 2012
Construction

Termination Fallout – The Obligation to Provide Documents After Termination

Projects usually, once over a certain value, particular complexity or, where there are 3rd party interests, require the provision of collateral warranties.

09 November 2012
Employment

Use of devices at work: ACAS recognises need for guidance on “bring your own” policy

ACAS has recently published limited guidance in relation to bringing your own device to work policies, or ‘BYOD’ for short.

09 July 2012
Litigation and dispute resolution

Court Holds that Website Term is not Binding on Consumer

The case arose after losses of almost £50,000 were accumulated on the Defendant’s spread betting account in May 2011.

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