Legal Updates

Taking care of franchisees

A recent High Court decision has found that the UK Kall-Kwik franchisor has acted in breach of a general duty of care owed to a prospective franchisee.  This is a useful reminder that franchisors owe a duty of care to franchisees, as well as potential ...

An Introductory Guide to the Bribery Act 2010

In recent legal updates, and in our May edition of Cornerstone, we addressed the likely impact of the new Bribery Act 2010. This Act tightens up on the law relating to bribery, and brings in a new corporate liability offence of failing to prevent bribery. ...

Trade marks - renew them or lose them!

A recent decision of the EU General Court has confirmed that without 'exceptional circumstances' being present, if you fail to renew a trade mark registration when it expires, you cannot apply to have the registration reinstated at a later date.  Instead a new application must ...

Project Bank Accounts ease payment fears

In 2007, well before the credit crunch, the Public Sector Construction Clients' Forum achieved agreement across the construction sector on best Fair Payment practice. The Office of Government Commerce produced a Guide to best Fair Payment practices focussing in on construction procurement. Please click ...

Time off for training?

From 6 April 2010, employees of businesses with 250 or more employees have the right to request time off work to undertake study or training.  From 6 April 2011 the right will apply to all businesses, irrespective of size.  Employees must have at least 26 ...

Fitness for purpose? A note for suppliers & contractors

In a contract for the sale of goods, s.14(3) of the Sale of Goods Act 1979 (the Act) implies a term into the contract imposing an obligation on the supplier to ensure that the goods provided are fit for purpose.  In Independent Broadcasting Authority v ...

UK Offshore Wind Energy Projects Continue Apace

The growth in renewables energy in the UK continues at a fast pace with the Crown Estate last week announcing an additional 2GW of sites, sufficient to power 1.4 million homes annually. Crown Estates have extended the area of five existing offshore sites, and allowed ...

Data Protection - New Monetary Penalties

Since 6 April 2010, the Information Commissioner has had the power to serve Monetary Penalty Notices (MPN) on data controllers for certain breaches of the Data Protection Act.  MPNs can be issued for any amount up to £500,000, but there is a right of appeal ...

Wollastons Solicitors introduce MoneyMatters Newsletter

Wollastons are pleased to announce the release of their new MoneyMatters newsletter bringing you topical information and updates on debt recovery issues.  To see a copy of MoneyMatters and our other newsletters please click here .   ...

Volcanic ash - what does it mean to your business?

Thousands of people have been left stranded by the cloud of volcanic ash grounding all flights into and out of the UK, but what effect could the disruption have on your business? Employment Issues Such absences could of course have a very significant effect on business ...

Goodbye (almost) to Section 106 Agreements

The 6th April 2010 brings into operation a new system by which, with few exceptions,  development of land will attract liability to pay a Community Infrastructure Levy (CIL). The system will replace the present "free for all" under which developers negotiate with authorities in private on the ...

Mandatory Site Waste Management Plans

On 6 April 2010, the Site Waste Management Plans Regulations 2008 came into full effect. From now, all construction projects in England with an estimated cost of £300,000 or more will require a Site Waste Management Plan (SWMP) to be in place before construction work ...

CRC Energy Efficiency Scheme Starting 1 April

On the 1st April, the new CRC Energy Efficiency Scheme came into operation.   CRC is a reference to "Carbon Reduction Commitment" and the CRC Energy Efficiency Scheme (CRCEES) is a new emissions trading scheme brought in by the CRC Energy Efficiency Scheme Order 2010.   It ...

When Limits of Liability Don't Apply

The long awaited decision of the BSkyB v EDS litigation has finally been handed down.  The court has found that the IT supplier EDS (part of Hewlett Packard) made fraudulent misrepresentations to BSkyB, about its ability to deliver a £50m IT project within a stipulated ...

Costs Recovery in the Small Claims Court

A common reason cited for not engaging solicitors on disputes with a value of under £5,000, is the inability (in general terms) to recover costs from the losing party. A recent High Court decision has clarified that where a dispute is a contractual claim, and the ...

Digital Economy Bill Rescues Orphans

The Digital Economy Bill had its first reading in the House of Lords at the end of 2009.  Among the new measures contained in the Bill are regulations to deal with misuse of internet domain names, an extension to the range of video games which ...

Cornerstone Construction Newsletter - Latest Edition

Our latest edition of Cornerstone is now available here . Please click here to view our previous editions of Cornerstone and copies of our other newsletters. ...

Bribery - Thing of the Past?

The UK's antiquated bribery laws have long been considered inconsistent with the Organisation for Economic Co-operation and Development (OECD) Bribery Convention, to which 38 of the major developed countries (including the UK) are signatories.  This has often led to inconsistency of approaches when UK and ...