Insights: Legal Updates - July 2014

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Recent court decision on tiered dispute resolution clauses


Is an agreement to engage in “friendly discussions” before commencing arbitration enforceable? Tiered dispute resolution clauses Tiered dispute resolution clauses, also known as ‘escalation’ clauses, require the parties to undertake one or more forms of alternative dispute resolution (ADR), typically negotiation and/or mediation, before commencing formal litigation or arbitration proceedings. The idea behind this is […]

Changing roles

Gillian Birkby |

Gillian Birkby examines the legal implications of Health and Safety Executive proposals on changes to the Construction (Design and Management) Regulations with an eye to how they will work in practice. The Health and Safety Executive’s (HSE) aims in updating the CDM Regulations 2007 include improving worker protection, health and safety on smaller construction sites […]

New ICC Rules of Mediation


On 1 January 2014 the International Chamber of Commerce (ICC) published new Rules of Mediation (Rules) accompanied by the supplementary Mediation Guidance Notes. The Rules are a revision of the ICC’s Amicable Dispute Resolution (ADR) Rules which had been in force since 1 July 2001. The publication of the new Rules is part of the […]

The "intern-al" problem for the fashion industry


The use of unpaid interns in the fashion industry is nothing new, but they have been very much in the spotlight in 2014. Earlier this year, a former intern at Alexander McQueen – backed by campaign group Intern Aware – brought a claim for over £6,000 in lost wages in respect of a four-month placement […]

Hirst's Bombay Mix-up


There was an interesting article in The Telegraph last week about a work called Bombay Mix, by Damien Hirst, and the dispute between his certification company, Science Ltd, and a Mr and Mrs Simpson who possess the work. According to the article, in 1988, Hirst was commissioned to paint Bombay Mix, an early spot painting, […]

Competition law and lease renewals!

Alison Mould |

In 2011 real estate agreements, including leases, became subject to the full scrutiny of the Competition Act 1998. Its impact was going to be uncertain and many commentators and lecturers ended pieces with “only time will tell”. Well, earlier this year “time told” in a decision in the Central London County Court. It is thought […]

Appointing consultants and advertising agents – make sure you get what you pay for!

Eddie Powell |

Appointing advertising agents or other consultants is a routine job, and no one expects to negotiate over detailed terms of business to do so. But an appointment based on basic, or even no, terms can, in the long run, be worse. Asking questions and simply recording expectations, while both parties are positive at the start […]

VIMBOs explained

Ian Brent |

Owner managers with successful businesses who are approaching retirement are faced with a number of options. One is to sell the business to a third party buyer. However, in some situations, the owner may prefer to give the management team the chance to acquire the business. This may be the case where a number of […]

What NOT to do to comply with increasing regulation

Sophia Purkis |

Regulation can, if handled correctly, enable a business to enhance a culture of ownership with its employees, foster goodwill with its suppliers and customers, and be seen in the wider market as being professional and entrepreneurial. Don’t let compliance stifle the culture of your business – but don’t ignore the risks either! Businesses face a […]

Legal to let?

Roy Perrott |

Energy Performance Certificates (EPCs) have been around for a few years. Since 2008, it has (subject to limited exceptions) been compulsory to supply an EPC for any property, commercial or residential, being let or sold. Most clients will now be familiar with the grading that EPCs confer on a property, with properties with an "A" […]