The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Logbook loans – bills of sale

 A bill of sale can be taken over any item. By far the most common these days is the logbook loan (about 50,000 are taken each year).

Subscribers only...
 

Penalties – commercial cases

This flowchart gives a simple guide to how the new penalty rules should apply in complex commercial damages cases. Bear in mind that property transactions will often be more straightforward. 

Subscribers only...
 

Contract – time of essence

   If ‘time is of the essence’ then even a minor deviation from the agreed timescales will amount to a fundamental breach of contract (allowing the innocent party to terminate the contract). But, the general position is that time is not generally considered to be of the essence unless (i) it is expressly agreed in the contract, or (ii) it is implied by the contract, or (iii) time is subsequently made ‘of the essence’ by the innocent party sending a notice requiring the defaulter to complete performance within a specified (‘reasonable’) time.

Subscribers only...
 

Procurement – publishing documents

One of the major changes under the Public Contracts Regs 2015 is the obligation to offer unrestricted and full direct access to the ‘procurement documents’ from the time a notice is published in the OJEU commencing the procurement.

Subscribers only...
 

Administration – pre-packs

The procedures on pre-pack administrations have been revised (as from 1 November 2015) as a result of a revised statement of insolvency practice (SIP 16).

Subscribers only...
 

Administration – safeguarding ‘essential supplies’

IA 1986 prevents suppliers of essential supplies (such as gas and electricity) from holding insolvent companies to ransom by demanding payment of outstanding invoices as a condition of continued supply. Typically, such suppliers will have a clause in the supply contract that allows termination if the customer becomes insolvent, or if there are specified indicators of insolvency (eg enters into administration or goes into a CVA). The problem, of course, is that the administrator may want the company to keep trading so the business can be sold, and its assets sold for the maximum price. Hence the IA exception for ‘essential supplies’.

Subscribers only...
 

Apple – apps

Apple has a standard developer agreement for iPhone apps. The reality is that developers have no choice but to accept the terms offered by Apple, and it is worth making the point that they are widely regarded as extremely one-sided. Thus, a client entering into such an agreement should, at the least, be aware of the potential downsides.

Subscribers only...
 

IP – audit clause

Audit clauses are an important tool in IP agreements, since they allow the licensor to check that the licensee is complying with the terms of the licence agreement. In particular, it allows the licensor to check the correct royalties are being paid.

However, it is important to have a widely worded audit clause. This is an example of one that was not sufficiently wide:

‘Permit any duly authorised representative on reasonable prior notice to enter into any of its premises where any copies of the database are used, for the purpose of ascertaining that the provisions of this Agreement are being complied with.’ 

Subscribers only...
 

Consumer Rights Act 2015 – digital changes

Digital content was unsatisfactorily dealt with under previous consumer legislation. That is now addressed by Consumer Rights Act 2015 which makes it clear that digital content is a new category of product, but is to be treated similarly to tangible goods and the provision of services. Thus, the supply of digital content will include implied terms as to satisfactory quality, fitness for purpose, trader’s right to supply, compliance with description, and compliance with pre-contract information. In particular, it is made clear that these provisions apply to streamed digital content (and not merely the physical purchase of software or digital content). 

Subscribers only...
 

Consumer Rights Act – major change

   It is goodbye to some old friends: Sale of Goods Act 1979, UCTA 1977, Unfair Terms Regs 1999, Supply of Goods and Services Act 1982, and Sale and Supply of Goods to Consumers Regs 2002. The effect of Consumer Rights Act 2015, largely in force since 1 October 2015, is to largely replace all of these in consumer/trader transactions.

A consumer is an individual ‘acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession’. This is a wider definition of consumer than the previous one, and businesses should be aware that the definition may include individuals who enter into a contract for a mixture of business and personal reasons. The term trader means ‘a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or the trader’s behalf’ (ie it specifically includes agents). 

Subscribers only...
 


Page 10 of 39

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...

Resources

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