Bank guarantees underwrite many major contracts and oil the wheels of international commerce. However, the High Court has criticised as ‘virtually incoherent’ one such guarantee issued by a high street lender in respect of an oil drilling contract. The bank had irrevocably and unconditionally guaranteed
In a classic example of the law moving on to meet the ever-changing requirements of modern life, the Supreme Court has corrected a legal anomaly which had for many years resulted in the loved ones of fatal accident victims being under-compensated. The widow of a
In a cautionary tale for employers, a High Court case has strikingly underlined how office affairs and family relationships are capable of creating conflicts of interest which can compromise the integrity of even the most trusted worker. Company A was awarded a multi-million-pound maintenance contract
In a resounding decision, the Court of Appeal has ruled that a judge was wrong to pierce the corporate veil in an attempt to retrieve the criminal profits of haulage company bosses who risked lives by working their drivers to the bone. A father and
If you suffer the misfortune of being sued, swift action is imperative and good legal advice will ensure that you do not freeze in the headlights. In one case which made that point, a building contractor who responded to a client’s breach of contract claim
On 23 March the current ‘Community Trade Mark’ will be renamed the ‘EU Trade Mark’ (EUTM) and the system for registration and policing of EUTMs will be dealt with by the newly-named EU Intellectual Property Office. This may seem like little more than window-dressing, but
In a decision of importance to any employer whose staff fly abroad on business, the European Court of Justice has ruled for the first time that air carriers’ liability to pay compensation in respect of flight delays extends not just to passengers but to the
Multiple disputes can sometimes arise out of a single contract and, in a guideline decision, the High Court has ruled that an adjudicator erred in purporting to consider two such matters at the same time without the specific consent of the parties. Company A, the
It is a fundamental principle of law that criminal or quasi-criminal penalties must not be imposed without clear proof of wrongdoing. In one important case which made that point, an airline which was fined £4,000 after flying two illegal immigrants into Britain had the penalties
Employment is viewed as a ‘wage/work bargain’ and it is almost always a breach of contract for an employer to cut a worker’s wages. However, one important Employment Appeal Tribunal (EAT) decision has made it clear that exceptions can be made in the event of
