Many construction disputes involve delay claims. The ‘prevention principle’ operates so that an employer cannot hold a contractor to an agreed completion date if the employer prevented contractor from achieving the date. In such circumstances time becomes at large and the contractor is instead obliged to complete within a reasonable time....
In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....
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)....
There is a long history of the court supporting the enforcement of adjudication awards. Typically, summary judgment will be granted unless a lack of jurisdiction or breach of natural justice can be established. The court will not look behind the findings in the adjudication award itself. ...
In 2016 the case of The Software Incubator Limited v Computer Associates UK Limited made waves in the commercial agency sector by finding that the definition of “goods” for the purpose of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) included software. The Regulations provide important rights for commercial agents, including in particular the right to receive compensation upon termination of the agency agreement, but only protect commercial agents who sell goods, rather than services....
The Uber fatality in Arizona raises tricky legal questions....
Shortly before Christmas the judgement in the case of MLS (Overseas) Ltd v The Secretary of State for Defence [2017] EWHC 3389 TCC was released, containing important lessons for bidders and contracting authorities involved in public procurement....
Poundland’s Twin Peaks chocolate bar has recently gone on sale and it’s already creating a buzz, with a rival issuing legal proceedings. Why all the fuss?...
Anyone who has been involved in a legal dispute will have been told to consider engaging in some form of alternative dispute resolution, most often mediation, before the issue of proceedings. ...
The Business and Property Courts (B&PC) opened on 2 October 2017. The B&PC is an umbrella for several specialist business courts and encompasses the Commercial Court, the Technology & Construction Court and what was previously the Chancery Division, covering intellectual property, insolvency and financial services disputes. ...
Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. ...
For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...
Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...
Many small companies will have a sole director and shareholder, with no company secretary....
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. ...
In April the Ministry of Justice released a new Pre-Action Protocol for Debt Claims which revises the procedure claimants have to follow before suing an individual for an unpaid debt....
Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...
Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected....
Clarkslegal is delighted to have been appointed to the panels for both Dispute Resolution and Commercial work by the London Universities Purchasing Consortium following a rigorous and competitive tender process carried out by the Consortium on behalf of its many member organisations as well as the North Eastern Universities, the Southern Universities, the North Western and the Higher Education Wales purchasing consortia....
Following our recent webinar, we have produced some “Top Tips” which we hope that any business which finds itself needing to challenge a procurement award will find useful....