Most commercial contracts will include a clause known as an “Entire Agreement Clause”. The Clause is used to signify the intent of the parties that the written terms of the Contract should represent the agreement between the parties in its entirety and that it will supersede all preceding agreements, negotiations, or discussions that have not […]

The phrase “time is of the essence” is one which sometimes appears in contracts but what does it mean and, more importantly, what are its effects? If time is of the essence for a contractual obligation in a contract then this means that the deadline is a condition of the contract rather than merely a […]

The recent case of Dove v London Borough of Havering highlights what evidence the Court requires if a trial or hearing is to be adjourned on medical grounds. The Doves were twin sisters who were joint tenants of a Council flat in Romford.  Their landlord, Havering LBC, claimed possession of the flat on the grounds […]

Indemnities and Guarantees are both a form of what the law terms as suretyship.  A surety is a person who is liable for the payment of another person’s debt or the performance of another person’s obligation in the event of the failure by that person to comply with his obligations. An indemnity is a contractual […]

Pursuing boundary disputes through the courts can be a very costly and stressful exercise. The parties usually end up incurring legal costs disproportionate to the value of the land itself and often end up falling out irretrievably with their neighbour.  In the light of this a new protocol, known as the Protocol for Disputes between […]

A partnership is essentially a business run by two or more people with a view to making a profit.  Unlike an incorporated company it is very simple to set up a partnership.  In fact a partnership can be formed by an oral agreement between the parties without any paperwork involved.  Indeed, many people do not […]

Most Traders work very hard to establish goodwill in their business.   Goodwill is the reputation which a trader builds up in relation to specific goods or services which attracts customers.  If a competitor tries to steal that goodwill then, in legal terms, it is known as “passing off”.  Passing off occurs where a person or […]

Service charges will be familiar to most people holding flats or houses under a long lease.  A leasehold owner owes various obligations to the freeholder (or a management company, where present) as set out in the lease including paying ground rent, contributing towards the insurance of a multi-occupier building and paying service charge, generally, the […]

If someone makes a false statement about an individual/company then that statement could either be defamatory or a malicious falsehood, either of which could lead to a claim for damages and/or an Injunction against the wrongdoer. But what is the difference between defamation and malicious falsehood? Defamation A statement is defamatory if it tends to […]

In a surprising decision to some, the High Court has ruled that a Russian businessman living and working in Russia is domiciled in England and therefore subject to the jurisdiction of the English courts. In the case of Bestolov v Povarenkin, Mr Bestolov brought proceedings against Mr Povarenkin in England seeking repayment of a debt […]

The concept of “fake news” came to the forefront of public consciousness during the 2016 US Presidential Election campaign and in particular the rise of Donald Trump. Its profile has risen exponentially to the extent that the term “fake news” was awarded Word of the Year 2017 by Collins English Dictionary, and barely a day […]

Many disputes settle without the need for litigation and even when proceedings have been issued the majority of cases settle before they reach trial.  However, the recent case of Mionis -v- Democratic Press SA & Others highlights the need for care when agreeing a settlement so that it does not go beyond what you intend […]