Should we be drafting for Brexit?

With the UK due to leave the EU on 29 March 2019, questions are arising at to whether contracts should now include ‘Brexit clauses’ and how to define terms such as ‘the EU’, ‘EU law’ and ‘English law’ so their meanings are clear in the future. Parties entering into contracts that will remain in force […]

Is a non compete restriction worth the piece of paper it is written on?

This question is often raised by both employers and employees when looking at post termination restrictions at the beginning of the relationship. It is well established that provisions that seek to restrict an employee’s activities following the termination of their employment are in restraint of trade and therefore unenforceable UNLESS they go no further than […]

What happens if you fail to register your new lease?

New leases for seven years or more must be registered at the Land Registry, normally by the Tenant, and within 2 months of completion. But what happens if you don’t? It rather depends on whether your landlord’s title is registered or not. The Landlord’s title is unregistered Where the Landlord’s title is unregistered, the new […]

Claim first time or lose the right to claim

One question that is often asked, when a client ends up in adjudication, is do I have to run all of my defences in the adjudication? In the recent case of Mailbox (Birmingham) Limited v Galliford Try Building Limited (formerly known as Galliford Try Construction Limited)[1] the court had to consider this very issue. The court […]

Taking care of the (fresh) evidence

This article first appeared in the Estates Gazette. The case of Clear Call Limited – v – Central London Investments Limited [2016] EWCA Civ 1231 [2017] provides further guidance of the application of the Ladd – v – Marshall ([1954] EWCA Civ 1) test for the submission of new evidence in a case where judgment has […]

Civil litigation: ‘Discovery’ is not the same as ‘Disclosure’ (forensic e-providers please note)

Every other day, it seems, I receive marketing emails or phone calls from firms offering forensic services in the field of electronic document disclosure. What some offer me, though, is an ‘e-discovery‘ service. Save your time! I am a solicitor practising in England and Wales, where Lord Woolf abolished ‘discovery’ in the late 1990s (replacing it […]

The dangers of informality in contractual dealings

An essential element of contract formation is that the contracting parties make an agreement with the unequivocal intention to create a legally binding arrangement as opposed to a frivolous promise that is not intended to be kept. But just how interpretive can the actions of parties be when it comes to determining exactly what they […]

Lord Justice Jackson delivers his report on Fixed Recoverable Costs: 31 July 2017

I have just ‘hot-footed it’ from the Law Society in Chancery Lane, where, this morning, Lord Justice Jackson (‘LJJ’) presented his report on Fixed Recoverable Costs (entitled “Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs”). The eagerness of the Judiciary to deliver LJJ’s recommendations can perhaps be gauged by the fact that his report was released on-line two […]

Tinker Taylor: The Taylor Review – can Government make work good?

It’s said that you can’t please all the people all the time and nowhere is this more evident, perhaps, than in the eternal struggle between master and servant, employer and employee; and now taskmaster and gig-er. The terminology and technology may change over time but the fundamental employment challenges in the 21st century remain much […]