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Feb
27
2017

Do We Have a Contract? The Pitfalls of Inconsistent Communication Examined in the Court of Appeal
#Dispute Resolution #Commercial

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. ...

Feb
22
2017

Will the courts enforce non compete covenants
#Dispute Resolution #Employment

COURTS SUPPORT ENFORCEMENT OF NON-COMPETE COVENANT AGAINST DEPARTING EMPLOYEE...

Jan
20
2017

SFO shows teeth in Rolls Royce bribery settlement
#Directors' Duties #Dispute Resolution #Outsourcing & Supply Chain

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....

Jan
20
2017

Settling a dispute – does it mean an obligation to re-tender?
#Dispute Resolution

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....

Dec
02
2016

When are directors liable for their company’s acts?
#Directors' Duties #Dispute Resolution

Companies have limited liability. Does this mean that their directors can never be liable for the acts of the companies? This was the question before the Court in Victoria Plum Limited -v- Victoria Plumbing Limited & Others. ...

Nov
25
2016

Implied terms can’t save a contract that doesn’t exist
#Dispute Resolution #Commercial

The Court is frequently asked to determine whether an estate agent is entitled to commission. Most commonly, such cases involve a dispute over who ...

Nov
25
2016

No cuts to restrictive covenants
#Dispute Resolution #Corporate

Restrictive covenants are commonplace in both business sale agreements and employment contracts. Claims based on such covenants invariably turn on whether ...

Nov
03
2016

"Without Prejudice" - will these magic words protect my documents?
#Dispute Resolution

Many documents produced in commercial dealings are marked "without prejudice", often appropriately but sometimes not. When used correctly, these words mean that the document cannot be used in legal proceedings against the party who produced the document, nor indeed can that party use the document themselves....

Sep
30
2016

Directors duties and Pyrrhic victories – what are the ingredients for a successful claim?
#Dispute Resolution #Directors Duties

The defection of directors to a competing company is often a matter of concern for their former employer. ...

Sep
13
2016

Cracking down on corporate crime
#Directors' Duties #Dispute Resolution

The government has announced its latest policy to combat so-called boardroom excess. ...

Aug
15
2016

Vacant Possession: Do I have to remove partitions?
#Dispute Resolution

The exercise of break clauses can cause tenants great difficulty, especially where the break clause is subject to conditions. It is common for break clauses to require “vacant possession” and it can be difficult for a tenant to know what exactly this requires them to do. One question which comes up frequently is whether it is necessary to remove partitions in order to give vacant possession....

Aug
08
2016

No hiding in the shadows - holding directors to account
#Directors' Duties #Dispute Resolution

Two recent cases show the circumstances in which the court will allow contempt proceedings against directors for actions taken by their companies. ...

Jul
12
2016

International Supply Chains – what happens when things go wrong?
#Dispute Resolution #Outsourcing & Supply Chain

In cases where the supply partner you appoint doesn't fulfil you expectations, you will want to ensure that you have a carefully drafted contract providing you with the best protection and remedies to minimise the negative consequences of your supplier’s underperformance. ...

Jul
01
2016

Court of Appeal confirms “no oral variation” clauses are not binding – again
#Dispute Resolution

The Court of Appeal has again – this time in the case of MWB Business Exchange Centres Limited –v- Rock Advertising Limited, confirmed that parties will not be bound by a clause in a contract purporting to provide that oral variations will be ineffective....

Jun
09
2016

Just because it’s reasonable doesn’t mean it’s proportionate
#Dispute Resolution

The Jackson reforms of costs in civil litigation (mostly) came into force on 1 April 2013, including a new test for proportionality. However, in the intervening four years, there has been precious little authority as to what proportionality means in practice. This has changed as a result of the judgment of the Senior Costs Judge, Master Gordon-Saker, in BNM and MGN Limited....

May
23
2016

Queen’s Speech Contains Important Change to Intellectual Property Claims
#Dispute Resolution

The Courts now expect that parties who have a dispute will attempt to settle by negotiation before embarking on legal action. Detailed pre-action protocols stipulate how parties must therefore behave, and this will almost always involve sending a detailed letter before action and providing a response to it....

May
20
2016

New case on damages paid to Tenant for Landlord’s breach of covenant
#Dispute Resolution #Real Estate

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...

May
09
2016

Sustainable Courtrooms? Slowly but surely…
#Dispute Resolution

For many clients, one of the most surprising and daunting aspects of litigation is the sheer volume of paperwork. To assist the court, documents are collated, tabulated, indexed, paginated, and duplicated many times over, and then transported across the city and beyond, all in anticipation of debates which may be decided in a matter of minutes in the court room. The large cost of materials and labour can unsurprisingly appear wasteful to a new litigant, both economically and environmentally, given the availability of technology which could significantly reduce the need for these costs....

Apr
25
2016

“No Oral Variation” Clauses: Do They Work?
#Dispute Resolution #Commercial

Many commercial contracts contain a clause to the effect that any variations or amendments to the contract must be in writing. Parties to commercial agreements favour such clauses because they promote certainty: the parties know what they have to do to amend the contract and disputes about oral discussions are in theory avoided....

Apr
12
2016

2016 Budget – No Increase in Court Fees
#Dispute Resolution

One of the main objectives of Clarkslegal’s dispute resolution team is to help our clients resolve their disputes as quickly and cost-effectively as possible. A constant pressure we have to factor into our service is the increasing cost of resolving disputes as successive governments seek to increase Court fees....

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