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
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. …
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Chris Wills LLB (Hons)
Partner
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…
Sharon Giles LLB (Hons)
Partner
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Nigel Whittaker BA (Hons)
Partner
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Nick Cox LLB (Hons)
Consultant, solicitor
‘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…
Kym Fletcher LLB (Hons) Euro
Consultant, solicitor
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…
Chris Wills LLB (Hons)
Partner
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…
Simon Cook LLB (Hons), TEP
Partner
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…
Chris Wills LLB (Hons)
Partner
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…
Jenny Hawrot LLB (Hons)
Partner
