June 2015 Archive

The perils of not having a written contract

This article is one of a series which looks at some of the most common perils of contracts and how to avoid those perils. It is almost always best to have a formal written record of any contract that you enter into. The reason for this can be seen by considering the problems of not having a written contract.

Malicious, defamatory reviews and reports – dealing with the issue

Business reputation has never been more important than now, with the ability of anyone to research any business before dealing with them; and the ability to circulate to the world bad reviews whether fair or unfair. Benjamin Franklin said famously “It takes many good deeds to build a good reputation, and only one bad one to lose it.” Now that might be rephrased “one bad review to lose it”

Whose Terms and Conditions apply – if anyone’s?

The recent case of Transformers & Rectifiers v Needs underlines that if you wish to rely on your standard terms and conditions, you must take sufficient steps to make sure that the other party is given reasonable notice of both your terms and conditions and your intention to rely on them.

Importance of Claimants needing to show Defendant’s acts or omissions caused loss

The recent case of Altus Group v Baker Tilly Tax & Advisory Services highlights the importance of a Claimant needing to show that the Defendant’s acts or omissions caused loss. The claimant sought damages for professional negligence from their accountants, who were tax specialists, in failing to give advice that would have enabled the claimant to implement a restructuring proposal with a view to reducing its tax liabilities.
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