Liability in the UK for personal injury and damage to property caused by unsafe products imported from the EU currently lies with the EU manufacturer (or the EU business which first imported the product from outside the EU). From 1 January 2021 that is all going change. ...
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....
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?...
Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
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....
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....
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....
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, ...
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....
On 23 April, the Government announced that it was introducing new measures to protect the UK’s Retail and Business Tenants. ...
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......
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....
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. ...
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....
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)....
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. ...
A recent decision of the European Court of Justice has clarified the circumstances in which an agent will be classified as a commercial agent for the purpose of the Commercial Agents (Council Directive) Regulations 1993. Commercial agents benefit from important protection under the Regulations, including the right to compensation on termination of the agency arrangement....
In a complex historical dispute before the Court of Appeal, the Court has examined what investigations a Defendant must conduct before saying in its Defence that it is “unable” to answer a particular allegation made by the Claimant....
Earlier this year, the Supreme Court decided in Rock Advertising Ltd v MWB Business Exchange 2018 that, where a written contract states that it can only be varied by observing specified formalities (for example by doing so in writing and signed by both parties), those formalities will – in most circumstances – need to be observed if the variation is to be effective. This decision has far-reaching consequences, because many contracts are varied informally by the parties during their life without checking the requirements, which can be fatal to enforcement if a dispute arises. ...
Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant....