When is having the last word a bad idea?

When your contract contains a clause excluding oral variations… A recent decision of the Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited brings an end to the long standing debate over whether clauses excluding oral variations to a written contract (so called “NOM” clauses – “no oral modification”) are valid. This […]

Planning permission: Who’s responsible for it?

This article first appeared in Construction News. The recent case of Jean-François Clin v Walter Lilly & Co. Ltd [2018] EWCA Civ 490 confirms that, without express terms to the contrary in the contract, the employer will usually be responsible for obtaining planning permission for the works it wants carried out. However, for certainty, you […]

GDPR: 5 ways to ensure you’re compliant

This article first appeared in Construction News. Companies need to look past the endless emails to ensure they are taking the necessary steps to comply with the new rules. By now you’ll be extremely bored of those emails popping up in your inbox and telling you that even your clients are about to stop talking […]

Consumer rights and remedies – an update

Goodman Derrick’s dispute resolution team has received a number of recent instructions to act for both consumers and businesses in relation to disputes involving the application and interpretation of the Consumer Rights Act 2015 (the “Act”). The Act came into force in October 2015 but it appears that both consumers and businesses are only now […]

Dress Code Dilemmas: new guidance on discriminatory dress codes published

It is now some two years since the events we have come to know as “Heel-gate” when in 2016, a temp called Nicola Thorp was required to wear high heels at work. Ms Thorp was sent home without pay for not complying. She commented about the issue on her social media and the story consequently took […]

Cladding Q&A

As first appeared in the Financial Times on Sunday 20 May 2018. The cladding on my flat has been deemed unsafe. Who is responsible for paying for its replacement and the 24/7 fire watch that is required in the interim? The first place to look is at the terms of the lease. When it comes […]

Privacy concerns in a digital age: the Facebook-Cambridge Analytica scandal

In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online users. We are, as a result, placing a greater reliance on […]

HMRC clamps down on termination payments

Can termination payments of up to £30,000 still be paid tax free after 6 April 2018? Yes, provided however that no part of the termination payment represents unworked notice. Old Position Prior to 6 April 2018 if there was a contractual right to pay in lieu of notice in an employment contract (commonly referred to […]

Inheritance Act claims – good news for cohabitees

English law has always placed great value on the principle of testamentary freedom. That is, an individual’s right to leave their estate to whomever they like, with no obligation to provide for family members under a Will. However, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), the Court does have power […]