April march

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Latest Briefings

High Court rules on key contractual issues in post office group litigation

By Gwendoline Davies, Nick McQueen On 15 March 2019, the High Court handed down its first judgment on substantive issues in the high-profile Post Office Group Litigation, as Commercial Dispute Resolution specialists Gwendoline Davies and Nick McQueen explain. The judgment, which stretches to 315 pages, is notable because it covers many different key contractual issues, […]

Unfair relationships: The latest for lenders

By Christina Gill January 2019 saw two key cases concerning ‘unfair relationships’ between lenders and borrowers. Banking & Finance Litigation specialist Christina Gill looks at Pontearso v Greenlands Trading and Pilgrim Rock v Iwaniuk  and explains the latest key takeaways for lenders. What is an ‘unfair relationship’? Section 140A of the Consumer Credit Act 1974 (CCA) provides […]

The changing face of non-disclosure agreements

By Jo Tunnicliff Business Minister Kelly Tolhurst has announced that the rules surrounding non-disclosure agreements (NDAs) and confidentiality clauses will become more restrictive. We look at the proposed changes and how these could impact employers. How are such agreements used at the moment? Currently, a large number of employers use NDAs and confidentiality agreements to […]

Care home providers get new guidance from the CMA on terms of service

By Nina Smith The Competition and Markets Authority (CMA) has issued guidance for care home providers to assist with compliance under both the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015. The previous guidance, issued by the Office of Fair Trading back in 2003, was withdrawn at the start of […]

Gas safety certificate must be provided before start of residential tenancy

By Georgina Kenny, Lucy Shepherd A second case confirms that a landlord who fails to provide a gas safety certificate before the start of a residential tenancy cannot later terminate the tenancy by using a section 21 notice. The Gas Safety (Installation and Use) Regulations 1998 (the Regulations) oblige landlords to provide a copy of […]

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French diss

Thanks to Clintons for inviting Tulkinghorn down to the tenth annual HMV football extravaganza at the Grosvenor House Hotel last Tuesday (29 March). The event, which featured well-known sports liggers Mayer Brown Rowe & Maw as one of the sponsors, raised more than £600,000 for the Nordoff-Robbins Music Therapy charity. The occasion was also marked […]

Helping your stars to shine

Failure to be in command of improving your talent will be the single issue driving the polarisation of professional service firms in the years to come. When the words “Our people are our greatest asset”, trip off the tongues of CEOs and managing partners – as all too frequently they do – they seem to […]

How to get your women back

Businesses need women and women want to work. So what’s the problem? By Elaine Aarons The character of Lynette in Channel 4’s Desperate Housewives will strike a chord for many women in the legal profession. Why did this highly qualified woman give up her successful career to stay at home and look after the children? […]

Herbies wins Fortune Brands mandate on Allied Domecq takeover

Herbert Smith has won its first instruction from Fortune Brands, the US group that has teamed up with Pernod Ricard to take over Allied Domecq. It is understood that Herbert Smith won the mandate after a referral from the US. Allied Domecq, the world’s second biggest spirits group and the owner of brands such as […]

Stormproof

The insurance industry has been hit hard in the aftermath of 11 September, the Asian tsunami and US class actions, giving Converium’s legal team some tough challenges. By Joanne Harris It has been an interesting year for insurers and reinsurers across the world. First came hurricanes sweeping the Caribbean and Florida, leaving a swathe of […]

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