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, […]Read more
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 […]Read more
Is compulsory ADR coming?
On 12 July 2021, the Civil Justice Council (CJC) published its report on compulsory alternative dispute resolution (ADR) following the Master of the Rolls requesting the same in January 2021. ADR is an umbrella term used to describe methods used to attempt to resolve a dispute without needing to go to a final court hearing; […]Read more
Victory for Landlords: Pandemic Clauses
In the recent case of Poundland Limited v Toplain Limited, the Court considered whether the insertion of ‘pandemic clauses’ in a new business lease would be fair and reasonable. The tenant, Poundland Limited (Poundland) initiated the lease renewal and the parties sought from the Court determination of the terms of the new lease. Poundland proposed […]Read more
Meaning of ‘Vacant Possession’ confirmed by the Court of Appeal
On 5 July 2021, the Court of Appeal overturned the decision of the lower High Court in the case of Capitol Park Leeds Plc and Capitol Park Barnsley Limited -v- Global Radio Services Limited . This case considered the validity of exercising a break clause by the tenant, Global Radio Services Limited (Global Radio). On 15 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
New Rules for Drone Operators
Over the last few years, drones have become increasingly popular among both individuals and businesses (such as for photography purposes and delivery use), and the drone market is particularly lucrative. If you already fly a drone, or if you’re thinking about flying one, you will be interested to know that the UK has announced new […]Read more
Trade mark wars: Colin v Cuthbert
Over the past week the news of Marks & Spencer suing Aldi for infringing its trade marked “Colin the Caterpillar” cake has dominated the headlines. M&S launched its beloved caterpillar-shaped chocolate cake back in the 90’s and has multiple registered trade marks over “Colin the Caterpillar”, giving it the exclusive right to use of “Colin […]Read more
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 […]Read more
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 […]Read more