Planning consent doesn’t trump a restrictive covenant
If you wish to do something on land that is subject to a restrictive covenant, be aware that planning consent does not override the terms of the covenant – they…
Alasdair Garbutt LLB (Hons)
Partner
Recouping the cost of troublesome tenants
Landlords and management companies will be interested in a recent decision that makes it possible for a landlord to recover legal costs as part of the service charge paid by…
Alasdair Garbutt LLB (Hons)
Partner
A warning on settlement negotiations
The recent case Thameside Construction Company Ltd v Arthenella Ltd is a reminder of the lawyer’s mantra to tread carefully in direct discussions with the other side, particularly if these involve potential…
Nick Southwell BA (Hons)
Partner
The uncertainty of ‘reasonableness’
‘Reasonableness’ is one of the most commonly-used words in English law yet the concept is hard to define and usually depends on the facts of the case. But in the…
Nick Cox LLB (Hons)
Consultant, solicitor
Business common sense rules
We welcomed the recent decision that ‘business common sense’ should be upheld where contractual wording is unclear. The court concluded that where the term of a contract could be interpreted…
Paul Gordon LLB
Partner
Bringing an action against an individual in a company
Clients often want to know whether they can bring an action against an individual involved in a company – a sole shareholder or director maybe – even though their contract…
Nick Cox LLB (Hons)
Consultant, solicitor
Duty of confidentiality may be ‘implied’
Confidentiality clauses and agreements are a common feature of commercial contracts and transactions but certain duties of confidentiality can arise without any express agreement. Confidential information Generally speaking, the law…
Paul Gordon LLB
Partner
Pin down LLP agreements
Although limited liability partnerships have been around since 2000, there has been debate over legal issues such as whether fixed-share partners necessarily lose their employment rights. One of the main…
Paul Symes-Thompson MA (Cantab)
Partner
Common European Sales Law
In October 2011, the European Commission published a proposal for a Common European Sales Law (CESL) which could have a huge impact on small and medium-sized enterprises (SMEs) in the…
Chris Wills LLB (Hons)
Partner
Clawing back bonuses – is it legal?
The issue of bonuses, particularly bankers’ bonuses is still dominating the headlines. In February, it emerged that Lloyds Banking Group planned to strip a number of top executives of about…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Time off for the Olympics
Millions of people will be making the most of the opportunity to enjoy the Olympics, either by going to live events or by volunteering. Our employment team deals with some…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Employment law update
Unfair dismissal The government is pressing ahead with its plans to increase the qualifying period for unfair dismissal claims. The proposed legislation will mean that in most cases, those employed…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Change to county court procedures
County court procedures are changing. From 19 March, most county court claims will have to be sent to the new National Civil Business Centre (NCBC). This is merely an administrative…
Nick Cox LLB (Hons)
Consultant, solicitor
A disputed boundary – what’s it worth?
A recent case in the High Court concerned the boundary between two mews properties in Peckham. The judge prefaced his decision with a warning: “the only certainty in this kind…
Nick Cox LLB (Hons)
Consultant, solicitor
Significant reform to court procedure
In March 2011 the government published a consultation paper Solving disputes in the county courts: creating a simpler, quicker and more proportionate system. A consultation on reforming civil justice in…
Nick Cox LLB (Hons)
Consultant, solicitor
New compensation limits
The limits for awards made by employment tribunals go up from 1 February. Key increases include: limit on the amount of a week’s pay (for calculating eg statutory redundancy payments…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
‘Rural’ Gloucestershire
Category: Press releases, Commercial, Rural business, Private, Agriculture and estates Based in a county, nearly 80 per cent of which is classified as ‘rural’, we have years of experience in…
Willans
Solicitors
Appeal court decision could put estate agents’ commission at risk
Now and again a buyer will acquire land or property by buying the shares of the company that owns it, rather than buying the land itself. One reason buyers may…
Alasdair Garbutt LLB (Hons)
Partner
Say no to ‘cookies’ cold-callers
Businesses in Gloucestershire should be on the alert for the latest wheeze – cold calls offering so-called ‘expertise’ with a new EU ‘cookies’ law. The warning comes from a solicitor,…
Chris Wills LLB (Hons)
Partner
Is your side letter legally binding?
The use of side letters in commercial transactions is common. Ancillary to a contract, a side letter is used to clarify, supplement or vary the original agreement. The key question…
Chris Wills LLB (Hons)
Partner
Decoder cards get the thumbs up
The European Court of Justice ruled in October that it is legal for individuals to buy TV decoder cards from foreign broadcasters. In the long-awaited judgment in the joined cases…
Chris Wills LLB (Hons)
Partner
Late Payment Interest- Advice for Creditors
Under the Late Payment of Commercial Debts (Interest) Act 1998, all businesses have a statutory right to interest on late payments of debts under business-to-business contracts for the supply of…
Chris Wills LLB (Hons)
Partner
Copyright infringement claim in ‘Star Wars’ case
In the recent case of Lucasfilms Limited and others v Ainsworth and another, Mr Ainsworth, who lives in England, had been selling ‘Star Wars’ helmets and armour. Unimpressed, the film…
Nick Cox LLB (Hons)
Consultant, solicitor
Chink in the armour: the High Court highlights a flaw in franchise agreements
Franchisees benefit from exploiting the franchised brand and they should act to uphold the brand’s reputation. Equally, franchisors must ensure that their franchise agreements provide them with adequate recourse in…
Chris Wills LLB (Hons)
Partner
More rights for agency workers
The Agency Workers Regulations came into force on 1 October, giving temporary workers increased rights. They cover temp work agencies, agency workers and hirers/end users. Some of the rights apply…
Chris Wills LLB (Hons)
Partner
Cloud computing – how safe is it from a legal perspective?
In recent years, cloud computing has grown from being a promising business idea to a rapidly expanding quarter of the IT industry. Given the current economic landscape, companies are increasingly…
Chris Wills LLB (Hons)
Partner
Landlords must comply with laws on service charges
Two recent cases that went to the Lands Chamber (formerly the Lands Tribunal) remind landlords of the need to comply with the law governing service charges. In Garside and another…
Chris Wills LLB (Hons)
Partner
Selling land for development
When selling land, it is vital that responses to pre-contract enquiries are updated if there is any change in circumstances. The consequences of failing to do so were highlighted in…
Nigel Whittaker BA (Hons)
Partner
Security for costs: a strategic consideration in litigation
If you are being sued it is, of course, the decision of the claimant to start the court proceedings. But as the defendant, you may be concerned that your opponent…
Paul Gordon LLB
Partner
Damages debate clarified
Parliament has recently cleared up confusion over the amount of damages a claimant must be awarded to better a previous settlement offer. The new rule, which came into force in…
Nick Cox LLB (Hons)
Consultant, solicitor
‘Considerations’ – terms that crop in the courts
The notion of ‘consideration’ is a fundamental aspect of English contractual law but like so many well-used legal terms, it has proved to be a fuzzy concept that has given…
Chris Wills LLB (Hons)
Partner
Varying a contract of employment
Category: Commercial, Employment law The second of a series of articles by employment law solicitor Trula Brunsdon on different aspects of the employment contract. Once a contract has been formed…
Willans
Solicitors
Unfair dismissal – proposed changes
The government has announced plans to increase the length of qualifying service for bringing claims of unfair dismissal from one to two years, from April 2012. They also plan to…
Chris Wills LLB (Hons)
Partner
Chambers 2012 - leaders in their field
Chambers 2012 We are delighted that a number of our solicitors have been recognised as leaders in their field in the newly-published Chambers 2012 directory. Partner James Grigg has retained…
Willans
Solicitors
Out with the old: unfair dismissal claims and the elderly
In these rather gloomy, grey times, it can be tempting to think about an office revamp – change proverbially being as good as a rest. Sometimes repainting the walls or…
Paul Gordon LLB
Partner
Hire purchase agreements
Hire purchase agreements are a mechanism whereby the hirer (debtor) can choose to buy the goods for an additional payment at the end of the term of the hire. Alternatively…
Paul Gordon LLB
Partner
