Andrew Koffman
This is our latest update as the introduction of a “fixed costs” regime for most civil court disputes, where the disputed amount is over £10,000 up to £100,000, draws ever nearer.
The implementation date is Sunday 1 October.
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This is our latest update as we draw near to the introduction of a “fixed costs” regime for most civil court disputes (including those involving businesses), where the amount at stake is over £10,000 up to £100,000.
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Palma Percze
When businesses enter into contracts with one another, it is common for them to want their own terms and conditions (Ts&Cs) to apply to the contract. However, whether these have been successfully implemented into the contract often does not seem to be of concern to the parties until a dispute presents itself. Having the Ts&Cs adequately incorporated is especially important since it is common practice for businesses to conduct their dealings through contractual documents such as purchase orders and invoices rather than having an actual written contract in place. By not having a signed contract in place, the parties open up themselves to scrutiny over which party’s Ts&Cs are to prevail in case of a dispute.
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You have – all things considered – enjoyed a fruitful trading relationship with a supplier or customer over many years, or at least you have assumed that to be the case.
Then things go sour. You locate your copy of the contract, only to find that it was made by your predecessor company, or the other party’s predecessor, or even both. The change(s) may have been due to a corporate reorganisation. In any case there is no evidence in writing of consent to the change, as required under the contract.
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Late March saw the end of some long-standing temporary changes in the law due to COVID-19, and the introduction of some new ones! Commercial landlords and tenants are affected.
From early in the first lockdown in 2020, commercial landlords were banned from exercising most of the usual remedies available to them to enforce rent arrears that fell due during the period of the pandemic, as a measure to protect tenant businesses.
Continue ReadingIntellectual property rights are valuable assets of your business and it is important that you take steps to protect them. You can do this by registering your rights and ensuring that anyone infringing those rights is stopped as soon as possible.
Continue ReadingThis 60 minute webinar will take place at 10am on Tuesday 26th April 2022.
The session will focus on tips to ensure that your invoices are paid and some steps you can take to protect yourself and to recover outstanding debts.
The main topics that we plan to cover are:
Pat Haver
Recent independent studies undertaken by the Legal Services Board and Xero convey a worrying and consistent theme that SME debt is a ticking time bomb.
UK SMEs are losing more than £40 Billion per year through disputes and have £131 Billion tied up in late payments. YouGov has reported that 82% of SMEs currently have outstanding balances with each firm owed an average £62,957.00.
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This is the latest article (and first since 2019) in our series, following the slow but inevitable progress towards a “fixed costs” regime for most civil court disputes involving businesses.
Andrew Koffman
Manchester Building Society (MBS) successfully appealed to the Supreme Court in a claim for negligence against its ex-auditors Grant Thornton (GT), after losing in the High Court and the Court of Appeal.
The facts of the case are quite unusual. However the judgment is of wider importance since the court took a different approach to assessing loss arising from an adviser’s breach of duty, from the previous line of cases going back to the 1990s, and the decision should signal a change of direction.
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