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…
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…
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…
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…
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…
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…
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…
‘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…
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…
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…
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…
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…
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…
New rule on ‘offers to settle’
The Civil Procedure Rules have been clarified in respect of the amount of damages a claimant must be awarded to gain a ‘more advantageous’ outcome than a previous settlement offer. …
Referral fee ban welcomed
We welcome today’s announcement that the government plans to ban the payment of referral fees in personal injury (PI) litigation. A specialist Associate in Willans’ personal injury team has been…
JCT contracts - Main changes to the design and build form of contract
Introduction The Local Democracy, Economic Development and Construction Act 2009 (LDEDCA) is being implemented on 1 October 2011. Part 8 amends the Housing Grant Construction and Regeneration Act 1996 (often…
Alternative resolution conferences (ARCs) - a new option for divorcing couples
This month, we are hosting the launch of a new initiative to help separating and divorcing couples resolve financial disputes. The service, believed to be the first of its type…
Accurate record-keeping can help businesses get paid
There is little point in pursuing a debt and getting a judgment if you are ultimately unable to enforce that judgment. However much that sounds like stating the obvious, it…
Luxury house disguised as barn breached planning law
A recent landmark ruling by the Supreme Court over planning breaches acts as a serious warning to landowners and developers. The developer in the case had disguised a luxury home…
Contracts can sometimes be implied by the courts
Katie Froud reports on a recent High Court decision that demonstrates how contracts can sometimes be implied by the courts on the basis of performance, in the absence of an…
Restrictive covenants that can be relied on
Restrictive covenants in contracts are widely used by businesses in order to prevent the use of privileged information. They can provide protection for a business, which may have to enforce…
‘Endeavours’ clauses in contracts
When a contract imposes an obligation on a party to do something, in particular, failure to do it will usually amount to a breach of contract. To avoid this, those…
Business property relief and inheritance tax
When one is preoccupied with the everyday running of a business, or with the one-off opportunity of selling it, it is easy to overlook the importance of securing business property…
The Dilnot report: care funding
In July, the distinguished economist Andrew Dilnot published his report into the best way to fund care for people in old age. Willans’ Wills, Trusts and Probate team looks at…
Are your retention of title (ROT) clauses effective?
Retention of title clauses (ROT clauses) are commonly included in standard terms of business. They provide that ownership of goods only transfers to the buyer once he has paid for…
Formation of the contract of employment
When we meet employer or employee clients for the first time, it is notable how many will tell us: ‘there isn’t a contract’, meaning they have never issued, or been…
Time to get ready for new bribery law
The Bribery Act 2010 becomes law in July this year. Essentially it creates new offences relating to bribing another person; being bribed; bribing of foreign officials and most significantly for…
Changes to the Construction Act by LDEDC Act 2009
The Local Democracy, Economic Development and Construction (LDEDC) ACT 2009 and new JCT forms of contract This Act received Royal Assent on 12 November 2009. Part 8 amends the Construction…
Testamentary freedom under attack
The principle that you can leave your estate to whoever you like has been undermined in a shock decision by the Court of Appeal. In the recent case of Ilott…
Japanese knotweed risk for developers
Most developers are well aware of the need to check a potential site for pollution and contamination in terms of chemicals and industrial waste. However, many are less savvy about…
Rights of entry and removal
Willans looks at the powers available to the HCEO (High Court Enforcement Officer) when he is on the trail of a debtor who has failed to pay up. HCEO The…
Contract was created in casual email
A recent case shows how easy it is for a contract to be created in what may seem a fairly casual exchange of emails. In the case, Nicholas Prestige Homes,…
Defamation? Prove it!
In January, Nick Clegg announced plans to introduce sweeping changes to our much-criticised libel laws. If the new legislation (currently being drafted) is passed, it could become harder for a…
Competition Act
From April, all existing and future land agreements will be subject to the full force of competition law. Willans reports on the new regime that will affect landlords, tenants, sellers,…
Right to request flexible working
The right for employees to request flexible working has been around for some time. It was introduced in April 2003 and extended in April 2009 to cover parents with children…
Dismissing when an employee has less than a year’s service
Once an employee has a year’s service, he has the right to claim unfair dismissal. As part of the employment tribunal reforms, the government is considering doubling this requirement to…