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A verbal agreement can be binding

The recent case of Mansion Place Limited and Fox Industrial Services Limited illustrates that an oral conversation can be classed as a binding verbal agreement. Mansion Place Limited (MPL) was a property developer and it contracted Fox Industrial Services Limited (FISL) to build student accommodation in Nottingham.  There were delays with the construction which FISL […]

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Breach of contract: What is specific performance?

The recent outbreak of the Omicron variant of the Coronavirus has caused disruption to many businesses during their busiest trading period and will undoubtedly have resulted in some being unable to comply with their contractual obligations. If there is a breach of contract the usual remedy would be for the innocent party to sue the […]

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Wrongfully entering judgment has consequences

The recently reported case of Total Extraction Ltd v Aircentric Ltd highlights that the courts will not tolerate any abuse of its procedures. In that case Total Extraction issued a claim through the Court’s Money Claim Online (MCOL) system for an alleged debt owed by Aircentric. Before the time for Aircentric to acknowledge the claim […]

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Proposal forms: Insurers need to be crystal clear

In insurance contracts the proposer will normally have to complete a proposal form and the insurer then uses the information contained on the form to calculate the premium and terms and conditions of the policy.  The policyholder therefore has a duty to make fair presentation of the risk to the insurer and include disclosure of […]

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Is a football club liable for the actions of its scout?

The Court of Appeal has recently overturned a decision which had made Blackpool Football Club (“the Club”) vicariously liable for the actions of one of its footballing scouts. In the case of Blackpool Football Club Limited v DSN, the Claimant was aged 13 when he was sexually abused by Frank Roper, a football talent scout, […]

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Time bar clauses in commercial contracts

In commercial contracts it is usual for the parties to limit the time in which they can bring claims against each other under the contract, these are known as “time bar clauses”.  This type of clause was recently considered by the High Court in the case of Arab Lawyers Network Company Limited v Thomson Reuters […]

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The importance of establishing causation in a claim

The recent case of Beattie Passive Norse Limited v Canham Consulting Limited demonstrates the importance of establishing causation in any claim. In that case, Beattie Passive Norse Limited (BPN) brought a professional negligence claim against Canham, arising from defective foundation designs prepared by Canham for two blocks of terraced housing owned by BPN. BPN pursued […]

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Landlord entitled to recover rent arrears during lockdown

The pandemic has caused serious problems for both landlords and tenants, particularly those operating in the non-essential retail sector who have had to endure numerous closures during the past year. Since March 2020 many commercial tenants have withheld the payment of rent using the COVID restrictions as justification. The landlords’ usual routes for the recovery […]

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Litigants in person should not be treated any differently

A litigant in person has been ordered to pay almost £100,000 in costs after the High Court ruled that unrepresented litigants cannot expect special treatment from the Court. In the recent case of Sir Henry Royce Memorial Foundation v Hardy, Mark Hardy, the former Finance Director of the Foundation, brought an unsuccessful claim against its […]

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Negative reviewers beware

The recent case of Summerfield Browne Limited -v- Waymouth is a cautionary tale for customers who post negative reviews about goods or services which they have received. In that case, Mr Waymouth instructed Summerfield Browne, a firm of solicitors, to enforce a Court Order that he had obtained. He was not happy with Summerfield Browne’s […]

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Can employers require employees to take the Covid-19 vaccination?

According to a BBC report, Pimlico Plumbers (Pimlico), a large plumbing firm in London, plans to rewrite all of its worker’ contracts to require them to be vaccinated against coronavirus. The firm has since clarified that it will not be forcing existing members of staff to be vaccinated. However, once vaccinations are readily available, it […]

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COVID-19: Loan Schemes Under Scrutiny After Rise In Fraud Claims

In a bid to reduce the devastating impact of the Coronavirus pandemic on UK businesses and in particular to SMEs, the government launched a number of loan schemes earlier this year, including the Coronavirus Business Interruption Loan Scheme and the Bounce Back Loan Scheme. These schemes were introduced with the aim of providing some much-needed […]

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