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RED Alert — spring 2014: quick tips — waving the red flag: early warning signs that tenants might be struggling
In order to maximise their position and prospects of recovery, landlords should ensure that they are fully on top of their tenants’ rent accounts and well advised from an early stage.
RED Alert — spring 2014: excluding liability for misrepresentation — ‘he said/she said’ is not a good argument
This judgment sets out a useful examination of the factors that are relevant in determining whether or not a non-reliance clause satisfies the ‘reasonableness test’.
RED Alert — spring 2014: take a break — Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey)
The appeal of the High Court’s decision in Marks and Spencer v BNP Paribas Securities Services Trust Company (Jersey) was heard by the Court of Appeal on 25 March.
This decision is a very useful reminder of how Part 36 will be applied by the courts and how serious the consequences can be.
Taylor Wessing previously considered the decision of the court allowing a tenant to remove even very heavy industrial items. This decision has now been overturned.
RED Alert — spring 2014: severe costs consequences for failure to mediate: when silence is not golden
The Court of Appeal recently looked at how the court should deal with a party who fails to respond to an invitation to participate in alternative dispute resolution.
Proportionate liability clauses are a common feature in professional firms’ engagement letters. But there has been very little case law on whether they work or not.
It is hard now to imagine growing up in a world without the internet. The online environment is invaluable for learning, socialising and entertaining everyone, not least children.
Spare a thought for the technology lawyer. He or she can spend hours crafting a set of website or mobile terms and conditions the size of a small novella and what happens?
We are all familiar with the radio adverts at the end of which a breathless actor speed-reads or sings the mandatory ‘legal bits’.
Section 306 of the Insolvency Act 1986 provides that a bankrupt’s estate shall vest immediately in the trustee in bankruptcy and no registration is required to effect that vesting.
HMRC is introducing new registration and self-certification requirements for both new and existing share plans effective from 6 April 2014.
The Office of Fair Trading has published its final report on its market study into the supply of information and communication technology to the public sector.
General terms and conditions are any contractual terms that have been provided by one contracting party (user) to the other party.
When the debt relief procedure for natural persons was introduced in 2008, it was considered that it should be available only for a natural person’s non-business debts.
An English scheme for a company that has a ‘sufficiently close connection’ with the jurisdiction can be proposed, albeit recognition in Poland is at the discretion of the Polish courts.
The High Court has decided how the expected surplus assets of Lehman Brothers International Europe should be distributed between a number of creditors.
To rescind a winding-up order, the court must be satisfied that the circumstances of the case are materially different to those before the court that made the order.
A winding-up petition founded on a tax assessment, which is the subject of an appeal to the Tax Tribunal, should be dismissed or stayed pending the appeal.