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Procurement – criteria

The procedures for the award of public service contracts are governed by an EU Directive that sets out the criteria on which a contracting authority may base its award of a contract:

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Warranty – directors

Share purchase agreements often contain exclusion clauses in which the seller will agree that if it is sued under the warranties, it will then not seek a contribution from either the target company or any directors/employees of the target who may have been involved with the seller in agreeing to and making disclosures under the warranties.

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Minimum purchase – penalty?

Contracts often state that a fixed, or easily calculated, sum has to be paid if one party is in breach.

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Unfair Contracts – ‘read and understood’

Under the Unfair Terms in Consumer Contracts Regs 1999 a contractual clause can be rendered void, through being ‘unfair’ if, ‘contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer’.

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Contracts – Rome II

Rome II introduces important changes on the ‘applicable law’ rules when dealing with foreign claims. Note that Rome II only applies to non-contractualclaims (eg torts) but it has implications for commercial contracts.

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Administration – pre-packs

These days, everyone knows what pre-packs are (a company is placed into administration, and then almost immediately sold off – often to its former management or owners). The controversy about pre-packs, of course, is the lack of transparency, and the fact that creditors are denied the opportunity to vote on the administrator’s proposals, with creditors effectively being presented with a fait accompli.

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Mistake – voluntary dispositions

The law on unilateral mistakes, in respect of voluntary dispositions, seems to be widening.

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Memorandum – changes

Under CA 1985, the memorandum of a company limited by shares must state: the name of the company; its registered office; its objects; a statement of limited liability; the amount of share capital; the number of shares each subscriber takes; and whether it is a public company.

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Trade mark – ‘consequential association’

The Advocate General has given an important opinion on lookalike replicas.

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Customer service – harassment

The CA has given a judgment that is of potentially enormous significance for credit control and customer service departments. What the CA found was that computer-generated correspondence from British Gas could amount to harassment under the Protection from Harassment Act 1997, and so entitle the customer to damages.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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