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Is an earlier adjudication award binding on the final account?

It is common for disputes over interim payment applications to be referred to adjudication. The resulting award is then binding on the parties, unless or until determined by a court or arbitration. But what is the impact of any such award on the final...

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Park v CNH Industrial Capital Europe Limited - the fallout from judgment obtained by fraud

In November last year the Court of Appeal gave judgment in the case of Park v CNH Industrial Capital Europe Limited t/a CNH Capital [2021] EWCA Civ 1766 . The defendant had obtained judgment against the claimant in an earlier claim. In these proceedings...

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Commercial and technology contracts legal A-Z: B is for boilerplate

"Boilerplate" is a colloquialism for certain general legal clauses usually found towards the end of a written contract. If you read our article on “ Assignment ” you will already be familiar with one of its kind! When parties...

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Can a scheme of arrangement remove entrenched provisions in a company's memorandum and/or articles?

In the case of Re Credo Care Ltd [2021] EWHC 3701 (Ch), the High Court has sanctioned a scheme of arrangement under section 899 of the Companies Act 2006 (CA 2006) which sought to remove entrenched “not for profit” restrictions contained in...

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Default judgment - it pays to be proactive

The High Court refused an application to set aside a default judgment in Ince Gordon Dadds LLP v Mellitah Oil and Gas BV [2022] EWHC 997 (Ch) . It did so on a relatively narrow basis relating to the fact that the defence and counterclaim could be pursued...

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Court refuses to plug the holes in repair and insurance obligations

Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd [2021] EWHC 2621 (Ch) Summary The court held that a landlord was not liable, either in tort or under the terms of the lease, as a result of water overflowing from a blocked gutter on the...

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"A hurdle to jump" - Alternative dispute resolution has an unfairly negative public image, but what can be done about it?

The Ministry of Justice (MoJ) published a summary of the responses it received to its Call for Evidence on Dispute Resolution in England and Wales (the Call for Evidence) in March this year. The responses make for revealing reading. Introduction The MoJ...

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Calling a man "bald" amounts to sex-related harassment

In the recent case of Finn v The British Bung Manufacturing Company , the Employment Tribunal concluded that calling a man “bald” amounted to sex-related harassment. Under the Equality Act 2010, a person harasses another if they engage in...

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Fraudster's bank not liable for monies lost in authorised push payment fraud - implications for banks and victims

In the recent case of Tecnimont Arabia Limited v National Westminster Bank PLC [2022] EWHC 1172 (Comm), the High Court refused to hold a bank liable for losses suffered by the victim of an authorised push payment (APP) fraud in circumstances where the bank...

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Pharma still in the CMA enforcement spotlight

The Competition & Markets Authority (CMA) has actively enforced competition law in life sciences sectors in recent years, particularly in relation to supply of pharmaceuticals, with 10 cases in the last six years. Fines imposed have been at record...

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Can a pay less notice apply to two payment applications?

TCC confirms pay less notice requirements in Advance JV and others v Enisca Ltd [2022] EWHC 1152 (TCC) . A recent case reminds us that a pay less notice must be referable to the payment notice in which the notified sum is identified. Background In this...

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UK audit and corporate governance reform: better financial reporting ahead

The last few years have seen some high-profile scandals at the likes of BHS and Carillion, raising serious questions over the role of governance and auditing in the collapse of those businesses. The public outcry was met by promises from the government...

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Commercial and technology contracts legal A-Z: A is for assignment

In a contract, at the end of the general boiler plate provisions, you might find a clause headed “Assignment” relates to the transfer of rights under a contract from one party to a third party. An example would be the transfer by a service...

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Construction joint insurance...but are you covered?

Joint insurance is regularly used in the contraction industry and is a standard insurance option in JCT contracts. However, parties rarely consider the extent to which cover is provided for each individual insured party. For example, where both parties are...

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Delays in UK visa processing times

Priority services for processing UK immigration applications submitted from overseas are currently suspended. As a result, there are significant Home Office delays in processing UK visas and entry clearances applications which are submitted from...

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What does the GMB and Deliveroo voluntary partnership agreement mean for its workers?

Earlier this month, Deliveroo announced that it had signed a union recognition deal with the union GMB, which covers more than 90,000 self-employed riders. The voluntary partnership agreement gives GMB the rights to collective bargaining on pay and...

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Does the National Security and Investment Act 2021 apply to equitable share charges?

Among the most talked about legislation introduced in the UK over the last year is the National Security and Investment Act 2021 (NSI). As we reported previously in our overview of this legislation (see here ), the NSI establishes a new regime that enables...

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12 month non-compete restriction is enforceable

The High Court recently found that a 12-month non-compete clause in a solicitor’s employment contract was enforceable. The Court did not, however, enforce the non-compete restriction in the shareholders’ agreement to which the solicitor was...

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Preparing for the wave of Covid-related disputes to hit

A recent member survey from the London Litigation Solicitors Association revealed 84% of respondents expect more Covid-related contractual disputes to surface in the months ahead, and 70% expect more insolvency-related cases. With a wave of disputes...

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Patent licensing podcast: A round-up

All episodes in the first series of Stevens & Bolton’s "Meeting Room 7" patent and know-how licensing podcast are now available to stream or download both here and on Spotify. Across eight podcast episodes, our multi-disciplinary...

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Unprecedented war for talent reflects a seismic shift in power on Britain's hyper-aggressive job market

Britain’s jobless rate has fallen to its lowest level for over 47 years. In fact, for the first time ever, there are fewer unemployed people than job vacancies. This is resulting in an unprecedented ‘war for talent’ and an unprecedented...

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Stuck in a digital dark age

Lawyers (particularly tax lawyers, including private client practitioners such as me) are used to getting to grips with changes to the law. Normally, such changes are dealt with by someone (often, in larger teams, the knowledge lawyer) sitting down and...

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Sustainable finance: where are we now?

Much has been written about sustainable finance and sustainability-linked loans ( SLLs ) in particular are seeing significant growth with the increasing popularity of ESG targets. To recap, SLLs are similar to normal credit facilities, but typically the...

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Q&A: I lease a commercial property and want to make alterations to it. What do I need to consider?

Most landlords of commercial premises will wish to exercise some level of control over works carried out to their property in order to protect their investment. They therefore impose restrictions on alterations by tenants and there are a number of things...

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Authorised push payment fraud - a step in the right direction?

In April 2022 we summarised the Court of Appeal decision in Philipp v Barclays Bank UK plc [2022] EWCA Civ 318 in our article entitled “ Authorised Push Payment fraud and the duties owed by the reasonably prudent banker ”. This decision...

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Insurance insolvency: an introduction

In the event of an insurance company becoming insolvent, the interplay of multiple stakeholders (with differing and often conflicting agendas) coupled with issues such as the estimation of long-tail claims, realisation of reinsurance assets, and unravelling...

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Lessons for lenders: events of default, waivers and reserving your rights - acceleration notices

The recent case of Lombard North Central Plc v European Skyjets Ltd [2022] EWHC 728 has re-affirmed the position that “no waiver” clauses and reservation of rights wording does not always operate to preserve a lender’s original rights and...

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The government Competition & Consumer policy reform - or revolution?

On 20 April 2022, the government published its response to its consultation on Reforming Competition and Consumer Policy, which it launched in the summer of 2021. The government has confirmed that it is proceeding with a number of its initial proposals,...

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Assignment of claims by a liquidator - Court of Appeal affirms the "formidable" test for challenging an officeholder's decision

In  Re Edengate Homes (Butley Hall) Limited (in liquidation) [2022] EWCA Civ 626 , the Court of Appeal considered a challenge to an assignment of claims by a liquidator. In dismissing the appeal, the court affirmed the formidable test to be...

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How can hospitality providers avoid insolvency in the months ahead?

The recent company insolvency statistics for Q1 2022 show the number of company insolvencies is continuing to increase. The figures show creditors’ voluntary liquidations as being the most common procedure followed by compulsory liquidations –...

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