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Serving notice in accordance with your contract
Posted: 28th May 2019
During fraught exchanges, it is easy to miss the requirement to serve notice in the specific manner set out in your contract. Yet it is crucial and the Courts continue to address the point consistently when cases on the service of notice are heard. In the case of GPP Big Field LLP & Anor vs. […]
Dispute? Your duty to preserve evidence
Posted: 13th May 2019
Author: Sarah Canning, Head of Dispute Resolution In accordance with the law of England and Wales, as soon as litigation is contemplated the Court rules require the parties to preserve evidence relevant to the dispute. As methods of communication and document creation have become more varied over the years, the form of evidence has extended […]
Do liquidated damages for a construction delay always apply?
Posted: 16th April 2019
Construction contracts often include a clause providing for liquidated damages for delay. This requires the contractor to pay a rate of pre-agreed delayed damages called “liquidated damages” to the customer / employer in such circumstances as to when the contractor fails to achieve practical completion by the relevant completion date that has been stipulated in the contract. […]
What is a Franchise Dispute and how should it be handled?
Posted: 22nd March 2019
Entering into a Franchise Agreement is an exciting time. The promise of what is ahead with commercial returns for both the Franchisor and Franchisee lead both parties to enter into the relationship on an understandably enthusiastic basis. From such a positive start, dynamics can however change as the business relationship unfolds with disputes surrounding the […]
Is Your Oral Contract Enforceable?
Posted: 19th March 2019
The Supreme Court has overturned the decision of the Court of Appeal and found that an Oral Agreement between an Estate Agent and the Seller of a property was enforceable even though it did not expressly specify the event that triggered the Sellers obligation to pay commission to the Agent. The case was called Wells […]
Housing Market to have a new Housing Complaints Service
Posted: 4th March 2019
Both homeowners and tenants will now be able to have access to a complaints scheme when things go wrong. This is the first such scheme for private lettings and requires all private landlords to join the housing redress scheme. There will be a fine of up to £5000 for any private landlord failing to join […]
Business Injunction? What you need to know
Posted: 1st August 2018
An injunction is a Court Order which stops a company or person doing something specific. It might be something that they have already done that must be rectified or are about to do and you wish to prevent it happening. The party breaching an injunction can be held in contempt of Court and in some […]
Tenancy Eviction – The Accelerated Procedure
Posted: 21st June 2018
The Accelerated Procedure is available for Landlords trying to regain possession of their Property following the expiry of a valid Section 21 Notice served upon their Tenant. This procedure can prove a much faster and cost effective alternative to the standard procedure when used appropriately. This is due to the fact that providing the required […]
What is a ‘breach’ of contract and what can you do to remedy it?
Posted: 4th May 2018
A Contract forms the base of almost every business relationship, whether that be for the sale and purchase of goods, provision of services, or an agreement between Franchisor and Franchisee. The Contract between the parties outlines acts each party shall perform and the terms upon which those acts should be made. So what happens when […]
What is a ‘breach’ of contract and what can you do to remedy it?
Posted:
A Contract forms the base of almost every business relationship, whether that be for the sale and purchase of goods, provision of services, or an agreement between Franchisor and Franchisee. The Contract between the parties outlines acts each party shall perform and the terms upon which those acts should be made. So what happens when […]
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