The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Supplier payment – reporting

 The Reporting on Payment Practice and Performance Regs 2017 will require some UK companies to publish, on a government website, how long they take to pay their suppliers.

Subscribers only...
 

Bankruptcy – HP vehicle

The CA has confirmed that a bankrupt photographer was not able to purchase his car back from the HP company as a ‘tool of the trade’ (s283 IA 1986). This decision confirms the approach currently taken by most trustees – to allow HP companies to take vehicles and sell them (realising the equity in the agreement, or more likely giving rise to an unsecured debt provable in bankruptcy).

Subscribers only...
 

Misrepresentation – exclusion?

Can an online publication from a non-contracting third party be an actionable misrepresentation? The CA has confirmed it can.

Subscribers only...
 

Aircraft – cancellation?

The entitlement to compensation when a flight is cancelled does not apply if the aircraft takes off, but then has to make an unscheduled stop elsewhere. However, if the plane arrives more than three hours late at the final destination there may be an entitlement to compensation for delay. Rodriguez v Air France (CJEU, C-83/10).

Subscribers only...
 

‘Consequential loss’ – financial loss?

Many contracts will exclude liability for ‘consequential loss’. But, does that exclude liability for financial losses caused as a result of physical damage? Usually, the answer will be that it does not, but a recent case shows that the position is not certain (and in particular circumstances it can exclude liability for financial loss).

Subscribers only...
 

‘Close of business’ – meaning?

Many contracts use the phrase ‘close of business’. But, what does that actually mean?

Subscribers only...
 

Contract – intention?

An informal agreement may not show a sufficient intention to establish legal relations. As always, some element of certainty is needed.

Subscribers only...
 

Online auctions – distance selling

The fastest-growing part of the art market is online. Indeed, virtually all the major auction houses now operate online auctions (some are totally online, whereas others merely stream physical auctions). But, the distance selling laws pose major problems for such businesses, giving ‘consumers’ rights that they do not always appreciate they have.

Subscribers only...
 

Keyword ads – trade mark

A recent case illustrates the dangers of buying keyword ads on Google in the name of a competitor – especially if that competitor has a trade mark.

Subscribers only...
 

HMRC – reasonable excuse

HMRC cannot impose a ‘penalty’ if the taxpayer took ‘reasonable care’ to avoid an inaccuracy. The general rule is that if the taxpayer takes professional advice then that will be a reasonable excuse.

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 35

Most-read articles

Wills – dependency claim
Tuesday, 11 April 2017
A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share... Read more...
Legal advice privilege – ‘the client’
Tuesday, 11 April 2017
Legal advice privilege applies to communications with the ‘client’ (only). But, in a large organisation, how do you define the ‘client’? Read more...
Proportionality – planning
Tuesday, 11 April 2017
These are the words of a county court judge in 2001 – they remain equally valid today: Read more...
Architect’s drawing – IP
Tuesday, 11 April 2017
A client may acquire a property with an existing planning permission. If that planning permission is granted on condition that the development is carried out in accordance with specific drawings,... Read more...
MIB – new agreements
Tuesday, 11 April 2017
In January, the MIB published a new Untraced Drivers Agreement, and a revised version of its Uninsured Drivers Agreement, with the changes coming into effect on 1 March 2017. Read more...
Possession – deposit release?
Tuesday, 11 April 2017
On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)? Read more...
Property guardians – assured shorthold!
Tuesday, 11 April 2017
Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a... Read more...
Rates – refurbishment
Tuesday, 11 April 2017
The Supreme Court has handed down a judgment that will be welcomed by all commercial property developers. The court has reversed the previous CA decision and held that only nominal rates have to be... Read more...
Legal aid – domestic violence
Tuesday, 11 April 2017
The five-year time limit on evidence of abuse which prevented vulnerable victims of domestic violence from securing legal aid for court hearings has been removed. This means more victims will be able... Read more...
Holiday pay – finality
Tuesday, 11 April 2017
The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation. Read more...

Resources

IAG International
Join the IBA now!
In House Lawyer
www.totallylegal.com
MSI Global Alliance