Recent News

Out Of Time – The Race Begins, But You Aren’t In It

It is often tempting to bury your head in the sand with the prospect of Court proceedings. If you receive a letter from another person claiming money from you, it is easy to ignore it; particularly if the claim appears hugely overstated, or (in your opinion) destined to failure. Even when matters progress and formal Court proceedings issued, many people fail to take the required initial steps to deal with the claim; being filing and serving an Acknowledgement of Service and/or a Defence. This is what happened in the recent TCC case of McDonald and McDonald v D&F Contracts Limited [2018] EWHC 1600 (“McDonald”).

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Implying Terms Into Leases And Other Contracts

When entering into a commercial relationship, we generally hope that we are contracting with reasonable people. Because of this, it is often tempting to think that any gaps in a contract can be sorted out later if a problem arises. However, with money on the line even the most reasonable parties may dig their heels in and deny liability. The result is that, as in JN Hipwell & Son v Szurek [2018] EWCA Civ 674  (“the Szurek case”), a claim worth £22,750 may need to be resolved through litigation in which the costs inevitably far exceed the value of the claim.

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How Does It Affect Me?

The provisions of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) will apply from 25th May 2018. In this article, we answer a few questions that you may have about the GDPR, and how it may affect you.

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Reaching the Limit - Delay in Invoicing your Work May Bar Recovery Through the Courts

In ICE Architects Limited (“ICE”) v Empowering People Inspiring Communities (“EPIC”) [2018] EWHC 281 (QB), Lambert J considered when a cause of action accrues in respect of a claim for payment arising out of work and services.

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Four Points for Sole Practitioners and Small Business Owners to Consider

The provisions of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) will apply from 25th May 2018, and has far reaching potential ramifications for the ways that sole practitioners, and other small business owners, process data in the future.

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Points to Consider if you Work Within the So-Called "Gig-Economy"

Addison Lee Ltd are the latest in an increasingly long line of so-called “gig-economy” companies that have fallen foul of the principles set out by Lord Clarke in Autoclenz v Belcher [2011] ICR 1157.

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Case Note

The case of Marex Financial Ltd v Garcia [2017] EWHC 918 (Comm) arose following a judgment made in the Marex’s favour against two companies of which Mr Sevilleja was a director. Rather than satisfy the judgment debt, Mr Sevilleja allegedly transferred some US$9.5 million held in his company’s name out of the companies’ bank accounts and into his own. The result was that, when Marex applied to freeze the companies’ bank accounts, the companies disclosed assets of only US$4,392.48.

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What You (and Your Business) Should or Should Not Be Doing

On 27th April 2017, the Criminal Finances Act 2017 (“the Act”) was given Royal Assent. Part 3 of the Act, when it comes into force on 30th September 2017, will create two new offences under the heading “corporate offences of failure to prevent facilitation of tax evasion”, which will apply in respect of corporate bodies and partnerships (wherever incorporated or formed) and will cover circumstances facilitating tax evasion in the UK and overseas.

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