Insights: Legal Updates - August 2016

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Alterations

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A lot of time, energy and concentration is spent by tenants settling heads of terms and negotiating the lease when they first look to take a new lease. But, as the needs of tenants vary and change throughout their lifecycle, tenants often need to adapt the property they are trading from. They need increasing flexibility […]


The rise of the sports analyst and their contracts of employment

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Once upon a time, stories about sport focused on the sport itself, or the stars of that sport – typically, the iconic teams, players or athletes. More recently, though, sports analysts have acquired a higher profile, and that has brought many of the issues that affect them to the public’s attention. One notable trend that […]


Streamlining the process: Exemptions to payment and adjudication legislation

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Process plant contracts have historically been exempt to the Housing Grants, Construction and Regeneration Act 1996 – but the justification for this looks increasingly flimsy as time has gone on. The construction industry is used by now to the payment and adjudication regime introduced by the Housing Grants, Construction and Regeneration Act 1996. However, there […]


Watch what you say – anti-oral variation clauses don’t prevent oral variation

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The Court of Appeal has held that a contract can be varied orally despite containing a clause which requires any variation to be in writing and signed. In MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553, Rock occupied MWB’s managed offices as a licensee.  During the course of a 12 […]


Third-party rights and step-in provisions: Happy bedfellows?

Hollie Moore |

Most involved in projects want the benefits of collateral warranties or third-party rights in contracts, with a trend towards the former due to step-in requirements. But are third-party rights really incompatible with step-in provisions? Those who have an interest, or are acquiring an interest, in a construction project will generally want the benefit of collateral […]


Assignments by tenants to their guarantors are ruled as void

Amanda Hado-Bodfield |

Relevance A recent High Court decision is commercially relevant and important to those dealing with tenant insolvency and also for all due diligence of investment transactions where an assignment of a lease from the tenant (T) to its guarantor (G) is purported to have taken place. T holds a lease of commercial premises at market […]


Limitation and court fees – an unexpected consequence

Digby Hebbard |

A recent case suggests the value of claims can be amended after limitations have expired. Digby Hebbard explains. Given the nature of construction projects and their legacy, it is fairly common for claims arising from such projects to be tight up against expiry of limitation periods. You may have experience of this, and be used […]


Tackling bullying in elite sport: Best practice for sports organisations

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At first blush, we might not think of elite athletes as prone to bullying. We associate such individuals with strength (both physical and mental) and confidence, rather than with the vulnerability that bullying implies. And yet there are plenty of publicised allegations of bullying in elite sport and, no doubt, many more instances that remain […]


No surrender!

Janet Keeley |

In difficult times tenants of commercial premises, particularly if they are insolvent, may try to escape future liability under a lease by an informal surrender. This usually entails vacating the property, returning the keys and writing to the landlord or its agents to say that the lease has been surrendered. Sometimes a third party is […]


Resolving construction disputes: Is there another way?

Christian Charles |

Many disputes that arise from construction projects are solved in adjudication – but mediation is an option that should not be overlooked. It is almost inevitable that disputes of some kind will arise during the course of a construction project. These disputes can usually be resolved without the need for formal dispute resolution proceedings.  However, […]


The challenges of being paid

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Over the last 18 months there have been about a dozen cases before the Technology and Construction Court on the issue of payment in construction contracts. All these cases arose from the same fact, namely a failure to put in place the appropriate paperwork in response to an application for payment.  It is surprising that […]


Our cinemas and the living wage

Mike Tremeer |

In April a new minimum rate of pay called the ‘National Living Wage’ was introduced for workers aged 25 and over. As you would expect, this includes qualifying employees that work for cinema operators. Mike Tremeer, a senior associate in the employment team at Fladgate LLP, provides a summary of the existing national minimum wage, […]