News
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Illegal Penalty Or Enforceable Liquidated Damages? - Supreme Court may decide an important shift in the law
A case was heard last month by the Supreme Court (ParkingEye Ltd v Beavis ) which may effectively change the law on penalty clauses and liquidated damages. For 100 years, ever…
Posted on 5 August, 2015 by Ortolan
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Court Fees - More increases on the way
On 9 March 2015 substantial increases in the fees to issue a claim were introduced. Claims over £10,000 now incur a court fee equal to 5% of the claim up to a maximum of…
Posted on 5 August, 2015 by Ortolan
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Back to Basics - Best versus reasonable endeavours
Contractual obligations are normally absolute and failure to satisfy an obligation will be a breach of contract. Parties to a contract may, therefore, want to qualify an…
Posted on 5 August, 2015 by Ortolan
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Budget 2015 - Is George Osborne moving to Manchester?
Probably not and, in truth, the main thrust of the budget delivered on 8 July 2015 by the new Tory-majority government was aimed at tackling the deficit, although there were…
Posted on 5 August, 2015 by Ortolan
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Collective Redundancy - Failure to consult; ignorance is no defence
This month the Employment Appeals Tribunal (EAT) considered the application of the “special circumstances” exception to the obligation to collectively consult. The Claimant…
Posted on 7 July, 2015 by Ortolan
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Limiting Your Liability - Practical Considerations
It may be tempting to try excluding your liability for absolutely everything. However, some losses cannot be excluded by law. Legislation, such as the Unfair Contract Terms Act…
Posted on 7 July, 2015 by Ortolan
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Property Fraud - Warning to landlords!
The last five years have seen an increase in the number of fraudulent property transactions reported in both the commercial and residential property sectors.Criminals seek to…
Posted on 7 July, 2015 by Ortolan
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TUPE - Harmonising terms following a transfer
When businesses merge or there is a high level of outsource/insourcing present within an organisation, companies can find themselves with numerous sets of terms and conditions…
Posted on 7 July, 2015 by Ortolan
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Disputes and Claims - Tips on how to avoid them
Disputes and claims are time consuming, costly and can be highly stressful. It’s well known that prevention is better than cure. Here, we set out some practical tips to help…
Posted on 7 July, 2015 by Ortolan
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Letting Agents - Claim for recovery of hidden fees
A residential landlord has recently challenged one of the country’s biggest letting agents, Foxtons, over the level of fees charged for repair works.The private landlord was…
Posted on 7 July, 2015 by Ortolan
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Standard Terms - Battle of the forms
A situation that often occurs during business to business transactions, in which each business wants its own standard terms and conditions to apply, is the so-called battle of…
Posted on 2 June, 2015 by Ortolan
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School Mentor's Appointment As Major - Dismissal was "SOSR"
Keeping with the political theme - one of the potentially fair grounds for dismissal is ‘some other substantial reason of a kind as to justify the dismissal’ (SOSR). In a…
Posted on 2 June, 2015 by Ortolan
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Settlement Agreement - Later discovery of misrepresentations
A settlement agreement, like any agreement, is subject to contract law and can only be set aside in a narrow set of circumstances. In this instance, Mr Hayward suffered an…
Posted on 2 June, 2015 by Ortolan
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International Standards - What happens if there is an error?
A recent case raised the issue of liability when a contractor complied with an international standard but an error in that standard meant that defects emerged requiring…
Posted on 2 June, 2015 by Ortolan
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Energy Efficiency Regulations - Coming into force in April 2016
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 will have a significant impact on commercial landlords and tenants of properties in England…
Posted on 2 June, 2015 by Ortolan