View from Goodman Derrick

Breaking up is still a matter for the courts

By Fiona Wilson It is not that often that the highest court in the land, the Supreme Court, deals with matters of private Family Law but in the past few months, it has heard not one but 3 such cases. Owens – examined the grounds for divorce and asked if it is possible to grant a […]

A cautionary tale for liquidators who don’t play by the rules

By Clive Ince In the early years of the new millennium the Luminar Group was a major player within the UK nightclub and leisure sector operating, at its peak, over 300 venues across the country. Between 2005 and 2007 a fundamental restructuring took place largely to address market challenges including the liberalisation of pub opening […]

Pets in flats: a question of consent

By Sarah Reynolds The vast majority of long residential leases contain a raft of obligations regulating the use of the property. One such common regulation is the keeping of pets. Some leases contain an absolute prohibition on pets, whilst others allow pets to be kept but only with the prior written consent of usually either […]

The importance of getting an indemnity right

By Ciaran Noonan Indemnities are often one of the most heavily negotiated terms in a commercial agreement, but for non-lawyers their perceived advantages may not always be clear. In this short article Goodman Derrick sets out how indemnities may vary normal contractual rules, and why it is vital to draft indemnities clearly and precisely…

The Sky News saga reveals fault lines in UK media ownership regulation

By Stephen Hornsby The Secretary of State’s decision to require Sky News to
 be sold as a condition of Fox’s bid being allowed to
 proceed leaves the field open for a bidding war to take
 place involving Disney and Comcast. The decision not to 
intervene in respect of the Comcast bid does leave the 
long-term future prospects […]

All fair in love, war and commerce

By Jonathan Haydn-Williams The traditional position under the contract law of England and Wales (which I shall, with no disrespect to Wales, refer to as ‘English’ law) has been that, save for contracts giving rise to a fiduciary relationship (eg a contract between agent and principal), a duty of good faith in the performance of […]

Oral modifications: When is having the last word a bad idea?

By Ellie Spencer A recent decision of the Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited brings an end to the long-standing debate over whether clauses excluding oral variations to a written contract (so-called “NOM” clauses – “no oral modification”) are valid. This is a decision which will have far-reaching practical […]

Planning permission: Who’s responsible for it?

By Hazel Boland-Shanahan This article first appeared in Construction News The recent case of Jean-François Clin v Walter Lilly & Co. Ltd [2018] confirms that, without express terms to the contrary in the contract, the employer will usually be responsible for obtaining planning permission for the works it wants carried out. However, for certainty, you […]

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