The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Execution – ex-director?

What happens if a document is signed by a director, but that person is no longer a director by the time the document is dated and the transaction completed? Has the document been validly executed under CA 2000?
Subscribers only...
 

Companies – significant control

Very few companies seem to be ready for the introduction of the new rules on disclosure of people with significant control (PSCs), on 6 April 2016. The rules apply to virtually all companies (save listed and AIM companies) and also to LLPs.
Subscribers only...
 

Consumer – and non-consumer

The Consumer Rights Act 2015 creates a powerful new set of rights for ‘consumers’. But, it is important to remember that in non-consumer transactions the existing statutory regime applies. Accordingly, businesses that deal with both consumers and non-consumers need to ensure that their contractual terms and conditions cover both sets of customers.

Subscribers only...
 

Penalties – drafting

As we noted in the December 2015/January 2016 issue (p19) the Supreme Court has given an important decision on penalty clauses in contracts:

Subscribers only...
 

Agents – compensation or indemnity?

Many commercial agency contracts have termination provisions which say that the agent will get the lesser of an indemnity payment or compensation. But, will such a provision be valid?

Subscribers only...
 

Copyright – private copying

Private copying is (once again) unlawful.

Subscribers only...
 

Consumers – online dispute resolution

 A pan-EU electronic platform will come into operation on 15 February 2016. It provides an online dispute resolution service for online shops and their ‘consumer’ customers.

Subscribers only...
 

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...
 


Page 10 of 40

Most-read articles

Privacy policy
Friday, 07 September 2018
The Practical Lawyer and its registered parent company, Legalease Ltd, are committed to protecting and respecting your privacy in accordance with the law.This page sets out Legalease’s privacy... Read more...

Could you write for The Practical Lawyer?

We are looking for help! If you can write in a practical, easy style, about a range of legal topics then please email a short CV to john.pritchard@legalease.co.uk

Resources

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