UK takes the lead in Construction Dispute Resolution

The annual report into Global Construction Disputes by EC Harris draws a number of interesting and, potentially surprising, conclusions. In the UK, the amounts disputed and the time taken to resolve construction disputes have both increased; however, the UK compares well to other jurisdictions and is actually the quickest forum for concluding resolutions.  The United […]

Bribery Act 2010: Is Your Business Compliant?

Despite the Bribery Act 2010 coming into effect in July 2011 it is estimated that around 70% of small businesses have either not heard of the Act or do not understand its implications. Whilst the anti corruption legislation will undoubtedly be more of a concern to larger, international companies, with strict penalties of up to […]

Fight Now Or Pay Later

Litigation costs reforms tilt balance in defendant’s favour. The government has recently approved a raft of reforms (recommended within Lord Justice Jackson’s green paper) to rules governing civil litigation costs.  Whilst the reforms are primarily designed to curb perceived excesses within areas of law such as personal injury and libel, they will also have a […]

Retention Of Title Clauses

Retention of title clauses are easier to avoid than enforce, but if you supply large quantities of tangible goods and give large amounts of uninsured credit then you need; (a)       To have a very good and workable retention of title clause; and (b)       To ensure its incorporation into your commercial agreements (see my blog ‘Incorporating […]

Dilapidations

Many large leases are now coming to an end without renewal, and the prospect of significant disputes relating to dilapidations between landlords and tenants is increasing.  Dealing with dilapidations is not rocket science, the law is pretty simple.  Set out below are some of the things that you need to consider. Almost inevitably, in the […]

Standard Terms And Conditions

If you are in business, I urge you to take ten minutes to read on.  At the end of this note, you will know:- (a)       how well drafted standard terms and conditions can limit commercial risks to your business; (b)       which key standard terms you require; I have been acting for commercial clients for twenty […]

Incorporating Standard Terms And Conditions

ORJ  have the following recommendations for getting your business’ standard terms and conditions incorporated into any contract. 1.         Publish your standard terms and conditions onto your website. 2.         Make it clear in your terms and conditions, the date from which they started to apply to your trade. 3.         If your terms and conditions are updated, […]

Avoiding A Bank Guarantee

Lenders do not always treat guarantors fairly in the eyes of the law.  When this occurs guarantees may be avoided. The First Rule of Bank Guarantees If you have given a guarantee and are called upon to pay it, do not do so until you have taken legal advice.  By paying the guarantee, you may […]