Whether in the commercial sphere or when dealing with consumers, the ancient and haphazard rule that contract terms must not be penal in nature has not weathered well and is often a source of confusion. However, the Supreme Court’s ruling…
Contract drafting is an art which should only be undertaken by specialists. The truth of that statement was underlined by a case in which an arbitration clause in a major commercial contract contained references to non-existent ‘UK law’ and ‘UK…
Christmas is upon us, and the magic is in the air. Employees are eager with anticipation for a chance to let loose at the upcoming office party, while managers, including HR, are on edge. While employees plot spiking the eggnog,…
Some misbehaviour at office social events is usually tolerated, but workplace rules continue to apply and those who go over the top can be lawfully dismissed. Exactly that happened in one case where a bank worker punched a colleague in…
The image of country dwellers up in arms at the prospect of housing developments is a powerful one. However, in one case, landowners intent on building 79 new homes on the edge of a West Sussex village have overcome objectors’…
Litigation is often expensive and time-consuming, but judges are growing ever more intolerant of avoidable delays and inefficiency by litigants. Their increasingly tough stance was strikingly illustrated by a case in which liquidators acting on behalf of HM Revenue and…
The law of intellectual property is seldom simple or without surprises. In 2014, the High Court decided that the 'corrugated' shape of the Kit Kat chocolate bar, whilst unremarkable in itself, had acquired a 'distinctive character' by way of use…
A recent case has illustrated that a lack of formal agreements regarding the ownership of assets is a proven recipe for dispute when a relationship breaks up. It involved a couple who ran a frozen food business and lived together…
Limited Liability Partnerships (LLPs) are a relatively new form of business, having only been introduced following the passing of the Limited Liability Partnerships Act 2000. An LLP is, as the name implies, a sort of cross between a limited company…
A recent case highlights the changes that will be coming into effect next year when the Insurance Act 2015 comes into force, reducing the number of 'technical' defences that can be used by insurance companies to avoid paying out on…
