Legal articles

Obtaining Interim Payment in Litigation - the use of settlement offers

Court action to obtain payment can sometimes be a lengthy process and adjudication is not always available or appropriate. However the court rules (known as the Civil Procedure Rules, or “CPR”) lay down specific grounds for allowing a claimant to apply for an interim payment in respect of his claim, before trial. This can be an attractive option for a claimant, particularly if there are cash flow problems.

The Defective Premises Act 1972

The Defective Premises Act 1972 (“the Act”) imposes important obligations on both contractors and consultants involved in the design and construction of a dwelling. A dwelling can include a house or flat, and the Act applies both to new build dwellings as well as conversions or enlargements of dwellings, but does not apply to repairs. The Act imposes some onerous obligations.

Court rectifies a sub-contractor’s tender mistake

In Traditional Structures Limited v HW Construction Limited [2010] EWHC 1530 (TCC) the Claimant submitted a tender in early 2008 for the supply and installation of structural steel work and roof cladding at a development in Sutton Coldfield. By failing to make honest enquiries regarding the price, HW Construction was found to have acted in an unconscionable way - even though the parties were involved in a commercial transaction at arms length. This decision emphasises the importance of certainty when entering into commercial agreements.

Court of Arbitration for Sport highlights the importance of governing bodies reviewing their rules

A recent ruling by the Court of Arbitration for Sport highlighted the importance of sports’ governing bodies reviewing their rules on a regular basis to make sure that there are no ambiguities lurking under the surface. The case revolved around the British Equestrian Federation's efforts to get the Great Britain showjumping team reinstated in the FEI Nations Cup Top League.

Recovering co-mingled goods

In the current climate, insolvency is usually the reason for nonpayment for goods supplied. But contractors that supply a product that becomes mixed with, or attached to, the buyer’s property face particular difficulty in retrieving those goods in the event of nonpayment. This problem is compounded when the goods supplied end up in a third party’s hands, on land owned by someone other than the original buyer. Can that product be recovered due to nonpayment?

Can I take my child on holiday?

As the summer season approaches separated parents can often find themselves at loggerheads over holiday arrangements particularly if the trip is overseas. How do the rules apply to such situations? In most modern relationships both the child’s mother and father share parental responsibility for their child. Schools are used to providing information to parents sharing parental responsibility and will ensure the holiday dates for the forthcoming year are available. The best option is to reach an agreement for the year. In the absence of agreement, what can be done?

Reduce your inheritance tax liability when receiving an inheritance

If you inherit money or assets from a relative or friend's estate, that inheritance may result in your estate exceeding the inheritance tax (IHT) threshold or increase the IHT liability of your estate. However, you can redirect your legacy or inheritance through a discretionary trust so that the funds do not form part of your estate for IHT purposes whilst allowing you full access and use of the funds.

Trading disclosure regulations - displaying your company name

New trading disclosure regulations came into force on 1 October 2008, replacing existing requirements and introducing some important new duties and some changes to the existing law. A company (other than a dormant company) must display its registered name at its registered office, and any inspection place, as well as any location where it conducts business (unless that location is primarily used for living accommodation). The registered name must be visibly obvious to any visitor to the premises.
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