June 2010 Archive

Winning the "battle of the forms"

Suppliers and customers would ideally prefer to rely on their own respective standard conditions. But in order to be of any use at all, these have to be incorporated into the contract between seller and buyer. Standard terms of sale, normally used by suppliers, are becoming more commonly used by purchasers (especially large national retailers). Problems start when both supplier and purchaser present each other with their own standard terms resulting in two conflicting documents jockeying for precedence; the so-called "battle of the forms".

Directors insurance: are you covered?

These days, there is probably no such thing as a “low risk business”, at least, not if you are a company director. But there is a straightforward and relatively low-cost way of providing the directors and non-executive directors (NED’s) of companies with comprehensive cover against risk. Generally known as ‘directors and officers’ (D&O) insurance, it is almost universal among companies in the US but still not quite so widespread in the UK.

What to do if the Office of Fair Trading comes knocking

As has been widely reported, the Office of Fair Trading (“OFT”) has and continues to focus upon the construction industry. The OFT has wide powers to investigate suspected competition law infringements. These powers include entering and searching business premises (and potentially the homes of executives or other relevant individuals), often without notice.
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