Mind your manors!
What are ‘manorial rights’? They are rights an estate may possess by virtue of owning the lordship of the manor. Sporting rights, mineral rights, the right to hold fairs and…
Adam Hale BA (Hons), TEP, FALA
Partner
Difficulties of enforcing restrictive covenants in employment contracts
A recent High Court case highlighted some of the difficulties employers can face in trying to enforce restrictive covenants in employment contracts. In the case – CEF Holdings Ltd v…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Review of the Construction (Design and Management) Regulations 2007
The regulations were originally introduced in 1994 with the aim of reducing injury and fatalities in the construction sector by improving the management of health, safety and welfare throughout the…
Nigel Whittaker BA (Hons)
Partner
Online bookmaker lost out on small print
The recent High Court decision in Spreadex Limited v Cochrane acts as a warning to businesses on the enforceability of online terms. In this case, the court ruled that there…
Paul Gordon LLB
Partner
Defamation - new law may put an end to online anonymity
It is often said that the internet is a ‘law-free zone’ where users can say or do as they please. This may be about to change. New legislation is being…
Paul Gordon LLB
Partner
Bringing a claim for commercial fraud
The term ‘commercial fraud’ is a broad description covering many different activities. Possible causes of action resulting from the fraud might include ‘undue influence’ or ‘abuse of confidence’. Judges have…
Paul Gordon LLB
Partner
Economic duress: ‘illegitimate pressure’ requirement may include threats of lawful action
Businesses must always pursue their own interests during commercial negotiations but there are various legal principles that operate to limit abuse of a strong position. One of these is the…
Paul Gordon LLB
Partner
Planning enforcement changes – deliberate concealment
This month (April 2012) a new Bill comes into effect, bringing with it wide-ranging changes to time limits for enforcing breaches of planning control in cases of so called ‘deliberate…
Alasdair Garbutt LLB (Hons)
Partner
When can a director claim joint privilege?
Are directors entitled to claim ‘joint privilege’ if the company’s lawyers give advice that affects them personally as well as the business itself? A recent case has helped clarify a…
Chris Wills LLB (Hons)
Partner
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…
Paul Gordon LLB
Partner
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…
Nick Southwell BA (Hons)
Partner
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
