Solicitors Blog | Allan Janes

Builders, Payments and Building Contracts: Get it Right First Time or Pay the Consequences

July 4th 2019 | dispute resolution

The importance of following the right procedures in the management of payments under a building contract has again been underlined by a recent Court decision. It involved a contractor who applied for payment for building works carried out. The employer disputed the value of the work for which payment was read more...

Do Solicitors Have a Duty to Point Out an Opponent's Mistake?

June 25th 2019 | dispute resolution

In civil litigation, the solicitor’s main duty is to their client and to the court, but to what extent do they have a duty of care to the opposing party? In June 2019, the Supreme Court ruled on the case of Woodward & Another v Phoenix Healthcare Distribution Ltd. In read more...

Commercial Lease Renewal and Terminations under the 1954 Landlord & Tenant Act

May 2nd 2019 | dispute resolution

Richard Harriman, a Partner in our Litigation Department who deals with residential and commercial property disputes writes: “Does a tenant of business premises have security of tenure? The answer depends upon the Landlord and Tenant Act 1954 (“The 1954 Act”). There are two elements to the security provided:- Automatic continuation read more...

Can a Contract Be Varied Orally?

March 26th 2019 | dispute resolution

Not if the contract contains a "no oral variation" clause! In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited, the House of Lords agreed that a contractual licence for a rented office between the parties, which stated that any variations must be signed and in read more...

Rights of Forfeiture and The Importance of Reading Leases Carefully

February 27th 2019 | dispute resolution

The recent case of Andrew Toms v Marilyn Ruberry is an interesting one; it illustrates why you should give careful consideration to the contents of the forfeiture provisions of a lease before taking enforcement action. This case shows the importance of interpreting the right of re-entry and forfeiture clause in read more...

Consideration For Restrictive Covenants

September 24th 2018 | dispute resolution

Many people might be aware of the basic contractual principles, including the rule that you must provide consideration for a contract to be enforceable, however when contracting to restrict a person’s right to work (such as including restrictive covenants in a contract of employment), the situation becomes more complex. What read more...

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