Most people who have negotiated a goods or services contract will have come across the terms indemnity, guarantee and warranty. They are a part of practically every contract. Many assume that all warranties, indemnities and guarantees are the same. In reality, this is far from the case. Before signing any contract, it is important to understand exactly what your legal obligations will be. You also need to know how any guarantee, indemnity or warranty will be enforced. The same is true if a third party is giving you a guarantee, warranty or indemnity. You need to understand the terms of…
this article first appeared in the solicitors Journal on 12 November 2013 and is reproduced with their kind permission The courts are directors’ liability, say Denise Fawcett Many directors take on this role without a clear understanding of what it entails in terms of duties to be performed and liabilities if they are not. Other directors, knowing that this liability exists, may seek to avoid this risk in a number of ways. The courts have had the opportunity to consider this issue in two significant cases. The Companies Act 2006 codified common law duties of directors of a company in…
This article was first published in the solicitors Journal on 12 November 2013 and is reproduced with their kind permission Think carefully before deciding to resist an order on the basis of illegality, says Sophie Purkis Recent Court of Appeal decisions have reinforced the need to consider carefully the require-ments for a defendant to rely on the claimant’s unlawful conduct as a defence in tort, contract and property claims. In Gelley & Ors v Shepherd & Anor [2013] EWCA Civ 1172 the court reviewed the circum-stances in which it will give effect to a foreign judgment tainted by fraud. Under…
Child contact centres (CCC’s) are a lifeline for families. Often they are the only solution for children to maintain a relationship with a parent where concerns have been raised about that individual’s parenting capabilities. CCCs provide a vital, neutral territory where children can be gradually reintroduced to a parent after a long period of absence; where there are safeguarding concerns; or where there has been a complete breakdown of trust between adults. Their value and contribution to local communities must be recognised. As lawyers in the family justice system, we have come to accept that it may take several…
The Court of Appeal has delivered its judgment in Caterpillar (NI) v John Holt & Company (Liverpool) The decision settled the longstanding debate as to whether section 49 of the Sale of Goods Act 1979 provides the exclusive remedy for the price of goods or simply a statutory alternative to a common law cause of action. Claims for the price have distinct advantages. Because they are debt claims, concepts such as remoteness, causation and mitigation do not arise, neither do questions of assessment or contributory negligence. The claim for the price can, in other words, be a quick and easy…
The Human Rights Act 1998 makes it easier to enforce the rights outlined in the European Convention on Human Rights. The 1998 Act makes it possible for British Courts to hear and rule on cases covered by this European legislation. The terms of this European protocol mean that all public authorites have to comply with all aspects of the Convention; the only exception being where domestic laws make it impossible for that to happen. Not all employers are categorised as public authorities however. Therefore, most employees are not able to directly sue their employers for human rights breaches. Yet, employment…
This article first appeared in the solicitors Journal on 5th November 2013 and is reproduced with their kind permission Magnus Hassett looks at the forthcoming changes to the rules on recovery of commercial rent arrears, the introduction of a period of temporary rates relief for empty new build commercial property, and HMRC’s recent clarification of last year’s VAT changes, affecting landlords who let out property for storage purposes The common law remedy of distraint for arrears of rent will finally be abolished on 6 April 2014, when the commercial rent arrears recovery procedure, originally proposed by the Tribunal Courts and…
You are legally obliged to provide all of your employees with a minimum annual holiday entitlement. It is important that you understand your legal obligations in this area and adhere to them. Our Your Responsibilities guide will help to inform you, as will the information contained on the rest of this page. In the UK, both full and part time employees are entitled to a statutory period of paid holiday. This is also true of many temporary workers such as temp agency employees. Holiday entitlement is universal, but there is a pro-rata arrangement for part time workers. The written contracts…
It is always wise to deal with any issues that employees have as soon as possible, and do so informally if you can. If it is not possible to resolve things this way, or if an employee wants to deal with things in a more formal manner, you may need to adhere to an official grievance procedure. All companies should develop something in the event of a grievance, preferably with the help of their employees. It is important to bear in mind that, from your employee’s point of view, all of the issues they raise will be a matter of…
Quite aside from the debate whether Britain should be in or out of Europe, EU law provides an array of rules, rights and options for litigators, says Robert McCracken QC. This article first appeared in the Solicitors Journal in October 2013 as reproduced with their permission Whether we like it or not EU law, often in the form of directives, governs many of the rights of citizens and obligations of public bodies in the UK. As lawyers we don’t always realise how best to take advantage of that for our clients. Here are ten of the most useful points which…
