News
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When Statements of Fact are no longer Statements of Fact – Warranties or Representations?
Anyone that has been involved in a corporate acquisition will be aware of the need for the Seller to provide Warranties on matters related to the Target. If it later…
Posted on 5 December, 2016 by Ortolan
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What to do if you have Squatters in your Commercial Building
Squatting is when a person knowingly enters a building without permission as a trespasser and lives there, or intends to live there. Since the Legal Aid, Sentencing and…
Posted on 5 December, 2016 by Ortolan
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Conduct Dismissals – Beware if relying upon earlier warnings!
In Bandara v British Broadcasting Corporation [2016], the Employment Appeal Tribunal (‘EAT’) considered an employment tribunal's approach to the reasonableness test in a…
Posted on 5 December, 2016 by Ortolan
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I have to give “Vacant Possession” but what does that mean?
The two most common places to see this requirement is in a break clause in a lease or on the sale of a property. The simplest interpretation of vacant possession (“VP”) is…
Posted on 5 December, 2016 by Ortolan
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A Reasonable and Proportionate Approach to Litigation is Required
The Civil Procedure Rules, being the rules which govern the running of litigation in England and Wales, deal with, amongst other things, parties’ ability to recover…
Posted on 2 November, 2016 by Ortolan
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Uber Drivers Should Receive Workers’ Rights - Landmark Decision
On 28 October 2016, the Employment Tribunal ruled that two Uber drivers were in fact ‘workers’ within the meaning of the Employment Rights Act 1996 and not self-employed…
Posted on 2 November, 2016 by Ortolan
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Disability Discrimination – Protecting an employee’s pay is a reasonable adjustment
In G4S Cash Solutions (UK) Ltd, the Employment Appeal Tribunal (‘EAT’) has recently held that it was a reasonable adjustment for an employer to continue to pay a…
Posted on 2 November, 2016 by Ortolan
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Can a Leaseholder Object to the Re-Calculation of Service Charges Years After Making Payment
Admiralty Park Management Company Ltd v Ojo [2016] UKUT 0421 (LC) An interesting case where both parties had, for several years, ignored the express terms of the…
Posted on 2 November, 2016 by Ortolan
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Excluding And Limiting Liability In Commercial Contracts - Court of Appeal quotes Baldrick’s cunning plan
A year ago we reported on a High Court case (Scottish Power UK Plc v BP Exploration Operating Company Ltd ([2015] EWHC 2658, 25 September 2015)) which considered some…
Posted on 2 November, 2016 by Ortolan
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Corporate Manslaughter - Skip company fined £600,000
A recent case against a skip company has reinforced the importance of having adequate health and safety policies and procedures in place. An employee of Bilston…
Posted on 6 September, 2016 by Ortolan
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Implied Surrender Of A Lease - Are the keys the issue?
Surrender is the consensual termination of a lease by agreement between the landlord and the tenant. Surrender can be expressly set out in documentation or it can be…
Posted on 6 September, 2016 by Ortolan
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Riparian Ownership - Rights and obligations
Under common law, a riparian owner possesses rights over and responsibilities for the stretch of a watercourse that forms the boundary of their property. A riparian owner is…
Posted on 6 September, 2016 by Ortolan
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The Lockpick - Exiting unsuitable or unprofitable contract
Whether you were in favour of leaving the EU or were hoping to remain, the ongoing uncertainty relating to Brexit continues to put pressure on numerous commercial…
Posted on 6 September, 2016 by Ortolan
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Labour Leadership Contest - Employment law pledges
Jeremy Corbyn and Owen Smith have set out a number of pledges in relation to employment law. Both candidates would outlaw zero-hours contracts, abolish employment…
Posted on 6 September, 2016 by Ortolan
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Acting Reasonably - Real life versus contracts
The question of reasonableness raises its head in the vast majority of commercial contracts we are involved with. It’s a deceptively simple concept; we all understand…
Posted on 6 September, 2016 by Ortolan