The High Court has clarified that where a consumer has a business purpose as well as a private purpose, the consumer can only fall within the Unfair Terms in Consumer Contracts Regulations (SI 1999/2083) (UTCCRs) if those business purposes are…
There are many potential benefits of buying a franchise, such as having access to well-established business and accounting systems, centralised marketing and a proven business model. Being part of a well-known national brand also has an appeal for many businesspeople…
A house owner has been awarded almost £380,000 in damages and interest against a partner in a building firm who fraudulently induced him into entering into a contract for the renovation and extension of his property. The builder had ‘participated…
Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration…
A recent ECJ ruling will provide welcome news to trade mark proprietors. The ruling confirms that trade mark proprietors who consider that a third party's use of a later-registered trade mark is an infringement of their own mark can potentially…
A case has been decided which arose because accounting errors were made by a company which was bought by another company. Some of the management of the company which was sold invested in the buying company, so that the eventual…
Two recent cases highlight the importance for businesses of taking care when negotiating and drafting contracts. In the first, the Court of Appeal held that losses caused by a breach of contract and arising out of a fall in property…
Just because a term in a contract is breached does not necessarily mean that the contract can be rescinded, as was demonstrated by a dispute between a company that owned land and a wind farm company. The company that owned…
A recent High Court case shows the dangers of negotiating in a dispute without legal representation. It also illustrates that an agreement which disposes of an interest in land does not have to be in writing if the purpose of…
A property developer who ended up on the receiving end of a judge's moral views when he claimed more than £100,000 damages after his Rolls Royce was dented in a minor road accident has failed to convince the Court of…
