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Nov
26
2020

Service charges: challenging a landlord’s certificate
#Dispute Resolution

It is very common for a commercial lease to stipulate that the landlord’s certificate stating the total cost of services provided under the lease, and the service charge payable by the tenant towards those services, is conclusive and binding on the tenant in the absence of manifest error or fraud....

Nov
26
2020

Bank transfer fraud: what is the bank’s responsibility?
#Dispute Resolution

‘Push Payment Fraud’ – where a fraudster deceives someone into paying money to an account controlled by that fraudster – is increasingly common. The true cost of this type of scam is unknown, but it is believed to run into hundreds of millions of pounds a year. In most cases it leaves the victim with large losses and very limited recourse unless it is lucky enough to have insurance cover in place....

Nov
24
2020

Importers and exporters– what happens after Brexit?
#Dispute Resolution #Brexit

The end of the transition period under the Withdrawal Agreement is timed at precisely 11pm on 31 December 2020. At that moment in time, a snapshot of all EU law in existence will be imported into UK law. The UK government will simultaneously regain legislative power to enact new law which changes and diverges from EU law. ...

Nov
13
2020

UK Government still holding out hope for Lugano Convention membership post Brexit
#Dispute Resolution #Brexit

In a step that many will see as wishful thinking, the UK government laid new legislation before Parliament on 10 November 2020 which would see the UK remain a party to the Lugano Convention after 31 December 2020....

Nov
03
2020

Legal claims against UK importers of EU products to increase post Brexit
#Dispute Resolution #Brexit

It’s not just tariffs that UK importers have to prepare for from 1 January 2021. They will also be taking on new liabilities for defective products imported from the EU which cause personal injury or damage to private property...

Oct
27
2020

Top Tips for Preparing for disputes with EU businesses post-Brexit
#Dispute Resolution #Brexit

Businesses rarely enter contracts intending or even expecting them to end in dispute. But that often happens. The wise approach is to prepare for the worst and hope it never happens....

Oct
23
2020

Resolving disputes with European businesses after Brexit
#Dispute Resolution #Brexit

Disputes between businesses from different countries tend to involve additional complications that don’t arise when the parties are based in the same country. There are a number of points to consider before bringing an international claim. Which country’s court should you sue in? Which country’s law applies to the dispute? How do you obtain evidence from overseas? Where and how can you enforce your judgment?...

Oct
23
2020

Success for Clarkslegal in Chambers UK 2021
#Clarkslegal #Construction #Employment #Dispute Resolution #Real Estate #Press

Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
20
2020

Importing EU Goods into the UK after 1 January 2021
#Dispute Resolution #Commercial #Brexit

Brexit is going to have significant effect on the trade of goods between the UK and the EU. If your business relies on goods imported from the EU, whether by you directly or through your supply chain, you need to take action to ensure that your supply is not disrupted....

Oct
09
2020

What can be done to challenge your service charges?
#Dispute Resolution

As businesses increasingly look to cutting their costs in order to make up for losses suffered during the pandemic, careful scrutiny of service charges bills is more important than ever, especially for tenants occupying multi-let buildings....

Oct
01
2020

Clarkslegal highly recommended by Legal 500 UK 2021
#Clarkslegal #Commercial #Construction #Corporate #Crisis Management #Dispute Resolution #Education #Employment #UK Immigration #Public Sector #Real Estate

Clarkslegal prides ourselves on our excellent client service, so it is wonderful to be recommended by Legal 500 UK for our efforts especially during this different time for us all. We are delighted to announce that we have been recognised for the following practice areas; Construction, Commercial Litigation, Commercial Property, Corporate & Commercial, Employment, Immigration and Public Sector....

Jun
29
2020

Rail Franchise Litigation: Department for Transport did not Breach EU Law
#Dispute Resolution #Public Procurement

The High Court has handed down judgment in the long-running rail franchise litigation brought against the Department for Transport by a number of railway operators including Virgin Trains, ...

Jun
01
2020

Hart v Large - significant damages awarded for surveyor negligence
#Dispute Resolution #Real Estate

In the recent case of Hart & Hart v Large & others, the High Court awarded significant damages to a couple who had relied, in purchasing a £1.2m property, on a HomeBuyer report produced by a surveyor....

May
06
2020

UK Government Acts to Protect Retail and Business Tenants
#Dispute Resolution #Business Recovery & Insolvency

On 23 April, the Government announced that it was introducing new measures to protect the UK’s Retail and Business Tenants. ...

Mar
24
2020

Court Hearings during the Covid-19 Pandemic
#Dispute Resolution

In order to minimise the risk of transmission of Covid-19, the courts have produced a Protocol which provides guidance for conducting hearings remotely during the pandemic......

Jan
24
2020

Working with foreign principals – am I protected by the Regulations?
#Dispute Resolution #Clarkslegal

The Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) give commercial agents important rights, and in particular the right to receive compensation or indemnity on termination of the agency agreement....

Sep
03
2019

Tenant rights of first refusal: family member exceptions
#Commercial Real Estate #Dispute Resolution

Under the Landlord and Tenant Act 1987 (the Act), before they can dispose of their interest in a residential building, freeholders are obliged to offer the leaseholders of the individual flats the opportunity to collectively purchase the interest being disposed of. ...

Jun
07
2019

Public procurement: does abandoning a tender defeat a bidder’s claim?
#Public Procurement #Dispute Resolution

Under the Public Contracts Regulations 2015, bidders who are successful in establishing that a public body has breached its duties in the running of a regulated tender are entitled to recover damages. Other remedies may also be available, depending on whether a contract has been entered into or not by the public body....

Apr
15
2019

The end of section 21 notices?
#Dispute Resolution #Real Estate

It has been widely reported this week that the government will be ending the current ‘no fault’ eviction regime, which enables landlords to give residential tenants two months’ notice to end their tenancy agreement under section 21 of the Housing Act 1988. The move is designed to give tenants more security and stop ‘retaliatory’ evictions (where landlords end a tenancy after the tenant complains about disrepair)....

Apr
09
2019

Are liquidated damages recoverable in the event of termination?
#Construction #Dispute Resolution

In construction projects it is not uncommon for an employer to terminate the contract before the works are completed. In Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230, the Court of Appeal reviewed the law on liquidated damages provisions in relation to delay and considered whether liquidated damages are recoverable in the event of termination. ...

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