Clarkslegal LLP - Solicitors in Reading and London

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Dec
11
2018

Revisiting Rock Advertising – Relying on Informal Variations to a Contract
#Dispute Resolution #Commercial #Real Estate

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. ...

Dec
10
2018

LTA 1954: Landlords not permitted to rely on spurious redevelopment schemes
#Dispute Resolution #Real Estate

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....

Dec
05
2018

Liquidated damages: commercially justified, not a penalty
#Construction #Dispute Resolution

Some significant issues in relation to the application of liquidated damages for delay have been considered in the recent case of GPP Big Field LLP & Anor v Solar EPC Solutions SL (2018). GPP Big Field LLP and GPP Langstone LLP (together and separately “GPP”), as employer, entered into five EPC contracts with Prosolia UK Limited (“Prosolia”), the contractor, for the construction of solar power generation plants in the UK. ...

Nov
12
2018

Involuntary bailees: how do I get rid of possessions left in a property?
#Dispute Resolution #Real Estate

Clarkslegal has recently assisted a boatyard owner in the disposal of an abandoned steamboat. Whilst this is was an unusual scenario, it is often the case that when a tenant vacates a property, they leave behind unwanted possessions or goods, which have to be cleared before the property can be re-let. If what has been left behind is clearly just rubbish, the landlord can probably just dispose of it. But items or goods, even if the tenant appears to have abandoned them, are more complicated and cannot simply be thrown away. In this case, the landlord becomes what is known as an ‘involuntary bailee’ of the items and has a duty not to deliberately or recklessly damage or destroy them. So what should the landlord do with them?...

Nov
02
2018

Clarkslegal Recognised by Chambers and Partners 2019
#Clarkslegal #Employment #Dispute Resolution #Real Estate #Construction #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
05
2018

Assessing Costs – What does proportionality really mean?
#Construction #Dispute Resolution

In civil litigation the presumption is that the losing party pays the winner’s costs. However, unless agreed, such costs must be assessed by the Court. This process is of crucial importance because the winning party must pick up the shortfall itself, eating into the proceeds of claim....

Jul
31
2018

Contracting out of concurrent delay
#Construction #Dispute Resolution

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....

Jun
25
2018

Can use of technology avoid payment disputes in construction?
#Construction #Dispute Resolution #Information Technology

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....

Jun
20
2018

Clarkslegal wins Strike Out Application following new Contract Law ruling
#Dispute Resolution #Commercial #Public Procurement

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)....

May
08
2018

Enforcing an adjudication award – An open and shut case?
#Dispute Resolution

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. ...

Mar
22
2018

Commercial agents: software is not goods after all
#Dispute Resolution

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....

Mar
20
2018
Jan
08
2018

Public procurement: does failing a pass/fail question = disqualification?
#Public Procurement #Dispute Resolution

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....

Dec
12
2017

Toblerone vs Twin Peaks
#Commercial #Corporate #Dispute Resolution

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?...

Nov
14
2017

When Can I Refuse To Mediate?
#Dispute Resolution

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. ...

Oct
06
2017

Business and Property Courts open for business
#Dispute Resolution

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. ...

Sep
08
2017

Victim of fraud? How to identify the perpetrator
#Dispute Resolution

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. ...

Aug
11
2017

Pre-winding up settlement with director set aside
#Restructuring & Insolvency #Dispute Resolution #Directors Duties

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. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

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. ...

Aug
02
2017

The pitfalls of a sole director company
#Directors' Duties #Corporate #Dispute Resolution

Many small companies will have a sole director and shareholder, with no company secretary....

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