The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Grey goods – criminal

Selling ‘grey goods’ can be a criminal offence (under Trade Marks Act 1994).

Subscribers only...
 

Financial advice – negligence?

In the medical/clinical negligence world the most important decision of recent years was Montgomery [2016], which overruled the long-standing principles established in Bolam [1957]. Under Bolam a medical professional’s actions were judged by asking whether that professional ‘was acting in accordance with a practice of competent respected professional opinion’. In other words, if a reasonably competent practitioner would have taken the same approach, then there would not have been negligence.

Subscribers only...
 

Contract – or counter-offer?

When do negotiations turn into a binding contract? If the other side responds with a counter-offer, does that form the basis of the contract?

Subscribers only...
 

HMRC – offshore accounts

HMRC has offered (another) last chance to come clean about offshore money (it is called a ‘requirement to correct’). The scheme calls for voluntary disclosure by September 2018, but there are severe penalties – 200% of the tax, plus the tax due and interest. In addition, there is currently a proposal for an additional 10% asset-based penalty, plus there will almost certainly be publication on the list of deliberate tax defaulters. Note that there is no undertaking by HMRC that they will not prosecute.

Subscribers only...
 

Companies Act 2006 – no limited liability?

CA 2006 came into force in October 2009 but there is a danger that its provisions have inadvertently resulted in some limited companies becoming unlimited.

Subscribers only...
 

Variation – anti-oral clauses

This year has seen a series of cases in which the courts have held that a ‘no variation’ clause in a contract is not binding. What we see is a clear intent on the part of the courts that contractual agreement should be eroded in favour of ‘party autonomy’ and a greater flexibility:

Subscribers only...
 

Freedom of information – vexatious

There is a general right of access to information held by a public body (FoI 2000). But, this does not apply if a request is ‘vexatious’ (s14). However, the Act does not define ‘vexatious’ although it is made clear that the burden is very high to show that the request is indeed vexatious.

Subscribers only...
 

Airline flights – delay

The Denied Boarding Regs give compensation to passengers whose flights are delayed if the flight departs from an EU airport. But, there has been much argument about the situation concerning missed connections.

Subscribers only...
 

Freedom of information – commercial prejudice

The Freedom of Information Act 2003 exempts from disclosure information which ‘would, or would be likely to, prejudice the commercial interests of any person’ (s43(2)). But, this is merely a ‘qualified exemption’ because even if it applies there must still be disclosure unless ‘in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information’ (s2(2)B).

Subscribers only...
 

Weblinks – copyright?

Weblinks and hyperlinks are a key part of most websites and of much social media content. But, by linking copyright content, is there a risk of breaking copyright by unlawfully ‘communicating it to the public’?

Subscribers only...
 


Page 6 of 39

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...

Resources

IAG International
MSI Global Alliance
www.totallylegal.com
In House Lawyer
Join the IBA now!