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Social media – beware defamatory statements

The SC has held that the context in which words are used in relation to defamation proceedings is essential.

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Contracts – rectifying mistakes

A useful article considers the steps parties can take when an error in a contract is only discovered after it has been signed.

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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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Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

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