These pages give you access to the latest valuable legal information regarding commercial law.
For a full list of legal briefings issued by all our departments visit News and Events.
Disclaimers : A Short Guide for Landlords
Disclaimer is a means by which a liquidator is able to disclaim onerous property, including leases, when a company goes into liquidation. The disclaimer operates to determine the rights, interest and liability of the company in respect of the property disclaimed. Similar provisions apply in the case of a bankrupt individual. Read the full article here... (December 2011)
Electronic Disclosure - The New Cost of Litigation
A relatively recent issue that businesses involved in a dispute need to consider is dealing with electronically stored information, and the serious practical problems associated with their disclosure. Read the full article here... (December 2011)
What's in the Contract?
“Terms and conditions available upon request” is a familiar phrase commonly found within commercial contracts. The recent Court of Appeal decision in Rooney & Anor v CSE Bournemouth ltd, considered the requirements for sufficient incorporation of standard conditions to a commercial contract and highlighted the need for those express terms and conditions to be brought to the customer’s attention at the earliest opportunity. Read the full article here... (December 2011)
Shall We Meet or See Each Other in Court?
The resolution of disputes by agreement rather than court process is becoming more and more attractive to parties in conflict. Whilst parties cannot be compelled to attempt mediation, the courts expect parties to consider doing so and will have something to say to a party who refuses to do so without good cause. While the courts will not enquire into the detail behind the conduct of the parties, the courts are and will demand an explanation as to the reason why any party refuses to attempt mediation. If the court is not satisfied that that refusal was reasonable then the court has powers to penalise that refusing party. Read the full article here... (December 2011)
There is No Money Left!
It is not only a Government Minister who sometimes receives such a message. A customer or valued client may have to tell you the same and if so, what do you do? It is important to decide on the best method of recovery. Like all tactical decisions, the steps that should be taken will depend on the known circumstances of the debtor. Read the full article here... (December 2011)