When entering into any kind of contract it is essential to expressly include clauses on all matters that are crucial to the parties and the arrangement at hand. Unfortunately this does not always happen.
Requirements, what it does, who does them and more…
The case of PMS International Ltd v Magmatic Ltd [2016] UKSC 12 has acted as a warning for those seeking to protect their registered designs after the Supreme Court found that the Kiddee Case does not infringe the Trunki Community Registered Design.
The recent case of The Hut Group Limited v Nobahar-Cookson concerned whether a buyer’s warranty claim under a share purchase agreement was barred by contractual limitation of liability.
A recent case in the Technology and Construction Court illustrates the importance of precise drafting when providing for caps on liability under contracts.
An analysis of your shareholding in a private limited company is not as simple as percentage held equals proportion of power. There are key thresholds which must be borne in mind when gauging how much power a shareholder really wields in a company.
An insurance contract being a contract of “the utmost good faith” the insured must disclose to the insurer all “material” facts (and not misrepresent material facts). In deciding what is material a statutory definition says “every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or determining whether he will take the risk”.
In a recent case of particular interest to developers, William Old International Limited v Arya, a developer was given by a neighbouring landowner the standard legal right to lay service media across the neighbour’s land.
The landlord is entitled to consider the financial strength of a proposed assignee. In a recent case Royal Bank of Scotland v Victoria Street (No 3) Limited RBS wanted to assign a lease due to expire in three years’ time.