06 March 2017
Commercial Real Estate

Replies to Enquiries – Misrepresentation

The importance of giving accurate and full information in replies to enquiries has been underline by a recent case in which a tenant successfully counterclaimed against its landlord for the cost of remedial works for asbestos removal and associated costs of temporary accommodation.

28 February 2017
IP and Commercial

Trade marking the shape of goods

Nestlé’s 10-year efforts to achieve EU trade mark registration for the three-dimensional shape of its famous four-finger KitKat chocolate bar had a further setback in December last year with an adverse ruling from the EU General Court. In the UK, the current state of play is no better, with the High Court having ruled in January last year against UK trade mark protection for the shape

27 February 2017
Corporate and M&A

Forming a binding contract

The question of when a binding contract is formed has been re-examined in the recent case of Global Asset Capital v Aabar Block, where Global tried to enforce an oral deal surrounded by written communications which did not make the terms of the agreement clear.

21 February 2017
Public Procurement

Public Procurement: Challenging the Tender Documents

Useful guidance has been given by the courts on the management of procurement challenges where the complaint relates to the tender documents themselves.

13 February 2017
Corporate and M&A

Conflicts of Interest, Fiduciary Duties and Formula 1 Acquisition

Conflicts of interest issues can arise under a variety of circumstances, even in corporate transactions where parties may have alternative motives to complete the deal. To mitigate the risk of a conflict of interest arising and avoid breaching ethical or fiduciary duties, companies should strive for transparency.

25 January 2017
Commercial Real Estate

VAT Payable: Surrender of Lease or Exercise of Break Clause?

On the surrender of a Lease, it is always necessary to consider whether any VAT will be payable on any payment made by either the Landlord or the Tenant.

20 January 2017
Commercial Real Estate

Contractual Term of a Protected Lease

For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?

20 January 2017
Litigation and dispute resolution

SFO shows teeth in Rolls Royce bribery settlement

The High Court has approved a deferred prosecution agreement (DPA) between Rolls Royce (RR) and the Serious Fraud Office (SFO) in relation to widespread allegations of bribery and corruption over a 24 year period.

20 January 2017
Litigation and dispute resolution

Settling a dispute – does it mean re-tender?

A recent decision of the ECJ has potentially concerning consequences for any public authority which finds itself in dispute with its supplier under a public contract.

19 January 2017
Employment

Mobility clauses made to move aside

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct.

17 January 2017
Corporate and M&A

Clarkslegal advises Meridian Leisure Hotels on acquisition

News - Clarkslegal corporate team have advised successfully MLH in latest acquisition

06 January 2017
Employment

Can a temporary injury be a disability?

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive.

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