The decision in West v Ian Finlay & Associates [2014] EWHC Civ 316 highlights the dangers to employers and clients in accepting net contribution clauses in construction documents.

The Shorter Trials Scheme (STS) aims to limit the time spent when businesses are locked in litigation.

Everyone likes the word “reasonable”, especially lawyers. It is an objective term that has been analysed and tested over the years. The popularity of the concept also means that it is perceived as an acceptable compromise position to allow contracts to be signed (and argued about later). A similar line of analysis applied to understand when terms will be implied into contracts has now been clarified and overturned.

In the first quarter of 2020 we have seen a couple of interesting Inheritance (Provision for Family and Dependants) Act 1975 cases.

In Howe v Gossop, a couple lost their appeal against a proprietary estoppel claim brought by their neighbours over some land that they believed had been transferred to them by way of an oral agreement.

Our autumn / winter 2023 round up of news includes the usual cocktail of topics from Defra’s consultation on additional support for the farming sector; legislation to deter rural thieves; and an update on SFI agreements.

We advised a leading engineering research and development business in connection with proceedings in the Intellectual Property Enterprise Court against a professional sports team which had sought to exploit the client’s patented technology without licence terms.

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

The phrase “estoppel by convention” is not a phrase one hears very often in everyday conversation. Its legal implications can however make a big difference to the outcome of a claim, where relevant, when a dispute arises.

On 28 February 2013, amendments to the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (‘Regulations’) come into effect.