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…
When entering into a contract with someone inside or outside of the UK it is wise to include the following details in the contract: Which country’s laws will apply to the contract The procedures the parties involved will use to settle any disputes Which country’s courts will hear any disputes arising from the execution of the contract Every contract needs to include: A jurisdiction clause that explains which country’s court system will be used to hear and rule on any disputes A governing law clause which specifies the legal system that will be used for the interpretation of the agreement…
If you are giving your employee with a reference, you have a duty of care to them and the person you are sending the reference to. You must make sure that any statement that you make is “in substance, true, accurate and fair”. For most sectors, there is no legal duty for you to provide a reference. However, there are exceptions to this, for example if you do business in the financial sector you are legally required to provide a reference when asked to do so. That said it is important to realise that a refusal to provide a reference…
I own a fabric shop. An Indian restaurant has opened next door and the smell is damaging my goods. I’ve tried to talk to the owner of the restaurant business but he says that he has done everything he can to limit the passage of smells. I’ve now had an expert in and he suggests damp-proofing which is expensive. Can I get the restaurant owner to pay all or part? The law of nuisance, which concerns cases of unduly interfering with the comfortable and convenient enjoyment of land, taking account of the character of the neighbourhood and duration of the…
I design and sell jewellery. I found out that an almost identical version of a ring I designed is available in a large high street store. Unlike my product, the ring is not made of precious stones and has clearly been produced for the mass market. I would like to be credited with design and compensated accordingly. It is important that you act quickly. Any delay may lead them to conclude that you tolerate free copying and also may be fatal to your chances of getting an immediate injunction from the court. Also, you need to send a message to…
