Latest blog from our Corporate Commercial department
In National Merchant Buying Society Ltd -v- Bellamy & Another [2013] EWCA Civ 452 the Court of Appeal upheld the High Court’s decision that an all monies, continuing guarantee given when there was a (subsequently varied) existing specific obligation between the creditor and the underlying obligor, would not be discharged by that subsequent variation.
Latest blog from our Corporate Commercial department.
The regime for the registration at Companies House of security interests recently underwent a change when Part 25 of the Companies Act was replaced in its entirety. The new regime applies to security interests created on or after 6 April 2013. Security interests created prior to this date will remain subject to the previous regime.
Having just celebrated its 30th Anniversary, Altrincham law firm Neil Myerson LLP has changed its name to Myerson Solicitors LLP. It will now simply trade as “Myerson”.
The name change and associated radical re-brand coincides with a really busy year at Myerson. Current year revenues are up 30% as commercial clients have become more active and Myerson has increased its market share in commercial and private client markets.
Latest blog from our Employment department.
The draft Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 have gone before Parliament. However, to date, they remain unpublished.
Jason Latham, Tribunals Deputy Director at Her Majesty’s Courts and Tribunals Service, has set out, in a letter, the Government’s intention to stick to its proposed two-tier fee structure and has confirmed that a failure to pay the relevant fee will prevent a claim from progressing.
Latest blog from our Employment department.
Shaun Hooley, a bus driver, was at work for four hours when his partner telephoned him to say that she had gone into labour.
Mr Hooley informed his employer and asked for a cover driver to be organised so that he could finish work early to go to the hospital. However, his employer was unable to arrange immediate cover. Mr Hooley went to the bus depot to return the bus and his employer dismissed him.
Latest blog from our Commercial Property department.
Further to our previous blog “Overage Overview” we will now be looking at the issue of securing overage obligations in more detail. As this is an extensive area, we have divided this blog in two parts.
In this first part we will be looking at the pros and cons of the following methods of securing overage obligations:
Latest blog from our Corporate Commercial department.
A recent case has suggested a willingness on the part of the courts to imply a duty of good faith and fair dealing into long-term contractual arrangements.
In Yam Seng PTE Limited v International Trade Corporation Limited [2013] EWHC 111(QB) it was held that there had been an implied term in the distribution agreement between the Claimant (Yam Seng) and the Defendant (International Trade) that the parties would act in good faith and that International Trade had breached such term by both providing misleading information to Yam Seng and threatening not to honour certain rights under the contract.
Latest blog from our Employment department.
The Government has accepted the Low Pay Commission’s recommendations in relation to changes to the National Minimum Wage (NMW). However, the Government has not accepted the LPC’s recommendation that the apprentice rate should be frozen.
Latest blog from our Employment department.
On 6 April 2013, the requirement for a 90-day consultation period was reduced to a 45-day consultation period for collective redundancies where 100 or more employees are affected. Employees on fixed term contracts which expire on their due date will be excluded for the purposes of calculating the number of affected employees.
Latest blog from our Commercial Property department.
The term “overage” is generally used to describe a situation where a seller is to share in any potential increase in value in a property that is realised after the property has been sold.
A seller is likely to negotiate an overage obligation from the buyer where there is a reasonable expectation that the land may be redeveloped or that a valuable planning permission may be granted in the future.
Latest blog from our Employment department.
The recent Budget contains a number of items which will be of interest to employers. Some examples,
From 6 April 2013, the personal income tax allowance will increase from £8,105 to £9,440. The basic rate band will be reduced to £32,010 and the higher rate income tax band will apply to income over £41,450. The additional income tax rate will apply (at 45%) to income over £150,000.
Latest blog from our Commercial Litigation department.
Any party involved in litigation is required to disclose all of the documents on which they rely and all the documents that adversely affect their case, adversely affect another party’s case or support another party’s case.
A party seeking an injunction from the Court has a continuing duty of disclosure in the same way as a party does in any litigation. The recent case of Speedier Logistics & Others v Aardvark Digital & Another [2012] highlights the importance of the on-going duty of a party to disclose relevant information to the Court.
Latest blog from our Commercial Litigation department.
A recent decision made by His Honour Judge Maloney QC in the case of Graham v Sand Martin Heights Residents Company Limited has caused confusion over whether parties can claim contractual costs in respect of claims allocated to the small claims track. The normal rule is that only limited costs are recoverable on the small claims track and the amount depends on the stage reached in the court process. Contractual costs, put simply, are legal costs which are payable pursuant to a clause in a contract irrespective of any court rules.
Latest blog from our Commercial Litigation department.
The Civil Procedure Rules (“CPR”) govern the conduct of litigation in England and Wales. Part 36 of the CPR sets out a procedure for parties to make offers to settle litigation. “Part 36 offers” are utilised to encourage parties to try and settle a dispute in that there will be court imposed penalties if a reasonable offer is refused. Therefore, making a Part 36 offer is a legitimate means of putting the other side under pressure to settle a dispute. Part 36 offers can be made by both claimants and defendants in a dispute and they can be made at any stage of a dispute before or after proceedings have been commenced and in appeal proceedings.
Latest blog from our Commercial Litigation department.
Are you owed money or do you have an invoice that has been outstanding for some time? If the amount that you are seeking to recover is more than £5,000 but less than £10,000 you should consider acting now and starting court proceedings if you want to recover your legal costs. This is because, from 1 April 2013, the upper limit for claims in the small claims track will increase from £5,000 to £10,000.
