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Supplier payment – reporting

 The Reporting on Payment Practice and Performance Regs 2017 will require some UK companies to publish, on a government website, how long they take to pay their suppliers.

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Bankruptcy – HP vehicle

The CA has confirmed that a bankrupt photographer was not able to purchase his car back from the HP company as a ‘tool of the trade’ (s283 IA 1986). This decision confirms the approach currently taken by most trustees – to allow HP companies to take vehicles and sell them (realising the equity in the agreement, or more likely giving rise to an unsecured debt provable in bankruptcy).

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Misrepresentation – exclusion?

Can an online publication from a non-contracting third party be an actionable misrepresentation? The CA has confirmed it can.

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Aircraft – cancellation?

The entitlement to compensation when a flight is cancelled does not apply if the aircraft takes off, but then has to make an unscheduled stop elsewhere. However, if the plane arrives more than three hours late at the final destination there may be an entitlement to compensation for delay. Rodriguez v Air France (CJEU, C-83/10).

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‘Consequential loss’ – financial loss?

Many contracts will exclude liability for ‘consequential loss’. But, does that exclude liability for financial losses caused as a result of physical damage? Usually, the answer will be that it does not, but a recent case shows that the position is not certain (and in particular circumstances it can exclude liability for financial loss).

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‘Close of business’ – meaning?

Many contracts use the phrase ‘close of business’. But, what does that actually mean?

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Contract – intention?

An informal agreement may not show a sufficient intention to establish legal relations. As always, some element of certainty is needed.

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Online auctions – distance selling

The fastest-growing part of the art market is online. Indeed, virtually all the major auction houses now operate online auctions (some are totally online, whereas others merely stream physical auctions). But, the distance selling laws pose major problems for such businesses, giving ‘consumers’ rights that they do not always appreciate they have.

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Keyword ads – trade mark

A recent case illustrates the dangers of buying keyword ads on Google in the name of a competitor – especially if that competitor has a trade mark.

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HMRC – reasonable excuse

HMRC cannot impose a ‘penalty’ if the taxpayer took ‘reasonable care’ to avoid an inaccuracy. The general rule is that if the taxpayer takes professional advice then that will be a reasonable excuse.

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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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