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" I have found them to be an invaluable partner during an intense period of..."
Kevin Winstanley
Managing Director, United Business Centres
Is your tenant in financial difficulty?
Mairead McErlean looks at some of the issues which a commercial landlord shoud consider it it believes a commercial tenant is in financial difficulty; including forfeiture and distress.
Can a director be liable for the debts of a company?
Richard Millard provides a reminder to directors that they are under certain duties to the company and to creditors and that if they are in breach of those duties they might find themselves personally liable where they have allowed the company to continue to trade when they knew or ought to have known that the company is insolvent.
Court decides a side letter was merely an agreement to agree
Amye Francis reports on a case in which the High Court considered whether a side letter was a legally binding contract or an agreement to agree, concluding that this particular side letter was nothing more an agreement to agree, as there was insufficient certainty of terms and the parties could not have intended to create legal relations on that basis.
The Trend for Single Joint Experts Not Favoured by Leading Judge
Head of Dispute Resolution Trevor Coward shares some interesting views expressed recently by a leading judge on the use of single joint experts and that they are not always in the best interests of effective litigation.
Incorporation of terms of business into a contract
Solicitor Mairead McErlean looks at the case of Rooney and another v CSE Bournemouth Ltd [2010] in which the Court of Appeal recently considered whether the phrase “terms and conditions available on request” on a purchase order would be sufficient to incorporate terms and conditions which one of the contracting parties may not have even seen.
Retention of Title of Goods
Mairead McErlean of Geoffrey Leaver Solicitors LLP looks at retention of title clauses and how they can be used by suppliers of goods to give them some protection until payment for the goods is received.
The Bribery Act - What do you need to do?
Mairead McErlean looks at what steps businesses should look at taking in the coming months to prepare for the Bribery Act coming into force in April 2011.
Shareholders' Agreements and Company Rows
Troy Warner and Trevor Coward look at how shareholders' agreements can help anticipate and cater for problems and in doing so can avoid costly rows and disputes.
Uncertainty over Intellectual Property Rights
It is far better to take action to protect intellectual property rights and avoid disputes happening rather than risk finding out that you do not have any rights at all. Troy Warner and Trevor Coward look at some of the common problems and tips to overcome them.
ANTHONY MARLTON v TEKTRONIX UK HOLDINGS LTD (2003)
Trevor Coward, Head of our Dispute Resolution department, was involved in the reported case of Tektronix v Anthony Marlton (2003) which concerned one of the first orders for disclosure of hard drives, under the principle that a hard drive was strictly defined as a document. When reviewing costs Mr Justice Pumfrey said that the work of Geoffrey Leaver showed the benefits of using a good out of London solicitor and obtaining an equivalent result for a substantially lower cost.
