The Practical Lawyer


Consumer contract – arbitration?

To what extent can a business insert a compulsory arbitration clause in its consumer contracts?

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Companies – opportunist registrations

Traditionally, it was only possible to object to the registration of a company name if the name was ‘too like’ an existing registered company name. Now, however, there is an additional remedy specifically designed to deal with opportunist registrations (eg where someone registers with a view to exploiting the goodwill of an existing company).

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Contract – expert determination

Expert determination is a relatively informal contractual dispute resolution mechanism that is commonly found in commercial contracts. But, the key question is whether such an expert determination is binding or not.

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Insolvency – tax issues

The insolvency of a company can result in many tax complications. Remember that:

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Retention of title – the basics

In a recession, thoughts turn to protecting one’s business against bad debts. The most powerful protection is to take some form of security and, for many businesses, the best and most common form of quasi-security will be a retention of title (ROT) provision in the sale or supply contract. This will simply provide that the goods do not pass to the buyer until they have been paid for. Thus, the seller will be able to reclaim the goods if the full price is not paid. Moreover, since title has not passed, the goods will not be included in any security given by the buyer to anyone else.

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Statutory demand – dispute

A statutory demand is a formal demand for payment of a debt (using a prescribed form). Failure to comply with the demand (or to contest it) within three weeks of service means that the debtor is deemed unable to pay the debt for insolvency purposes (and thus the creditor can present a bankruptcy petition or a winding-up petition).

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Airlines – bankrupty

The recent demise of several airlines has focused attention on the rights of passengers who are left stranded abroad.

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Lost goods – damages?

Suppose a manufacturer or seller leaves goods with a carrier, and the carrier loses them. How are the damages to be quantified?

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US – immigration

All business executives should be aware of the difficulties of getting a US visa if there has been a ‘crime involving moral turpitude’ or ‘a controlled substance violation’. As far as drugs are concerned, this will include simple possession of a controlled substance, and also possession of drugs paraphernalia.

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Consumer Credit – October chaos

October was the commencement date for many of the important provisions of Consumer Credit Act 2006. However, it is fair to say that some aspects of the regulatory process have descended into a complete shambles.

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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


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