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Damage – who bears the risk?

Many will recall the news coverage of an aggrieved workman driving his digger into a newly completed hotel. 
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Practical completion – not prevented by material defect

A recent case considered whether a material defect was capable of preventing practical completion under a construction contract.
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Regulated consumer credit agreement – when does limitation start?

Under s5 Limitation Act 1980 an action to recover a debt cannot be brought after six years from the date on which the cause of action accrues
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Letters of intent – beware

When trying to conclude a commercial deal it is tempting for the parties to use a ‘letter of intent’ to cover the points they cannot agree on. 
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Litigation privilege – scope

The CA has recently clarified the scope of litigation privilege.
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Contract – implied terms

The SC has confirmed that it will imply a term into a contract to give it business efficacy.
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Winding up petition – how to respond

A useful article by Gowling WLG summarises the steps to be taken if a company faces a statutory demand or winding up petition.
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Exclusion clause – all liability

The CA recently considered a clause which sought to exclude all liability. Was it within the reasonableness test under UCTA 1977?
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Misrepresentation – entire agreement?

If there is an ‘entire agreement’ clause, will that prevent any subsequent claim for misrepresentation?
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Competition – internet bans?

It is very difficult for a manufacturer or supplier to prohibit its retailers from making online sales. 
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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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