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Cross-border debt recovery (EAPO)

A proposal to make cross-border debt collection much easier was adopted by the European Commission in July 2011. One of our litigation lawyers reports on the UK’s decision not to […]

Severe penalties for asbestos offences

Statutory obligations have been in place for some time now, the most recent being The Control of Asbestos Regulations 2006. They impose a duty on all ‘duty holders’ (eg owners […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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