This newsletter provides updates on recent legal developments from the law firm Judge & Priestley LLP. It summarizes cases related to business, employment, property law and other areas. It encourages readers to contact the firm if they need specific legal advice. The firm has been providing legal services for over 125 years.
The document is a newsletter from the law firm Judge & Priestley LLP providing updates on recent legal developments. It summarizes two court cases, one where a company successfully claimed negligence against its brokers for failing to inform it of an insurance policy condition, and another where an estate agent was not entitled to commission due to failings in the oral contract. It also announces the acquisition of another law firm, Preston Mellor Harrison, expanding the private client services.
My judgment against TempWorks Management, Inc. in a Minnesota court. It was an unfortunate, but necessary, process. The truth prevailed, as it usually does in these types of situations.
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
Independent Contractors In MassachusettsMichael Gove
This document summarizes Attorney Michael Gove's presentation on Massachusetts' independent contractor law (G.L. c. 149, § 148B) to the Employers Association of the NorthEast. It discusses the ABC test used to determine whether a worker is an employee or independent contractor, factors considered in each part of the test, examples of how courts have applied the test, consequences of misclassifying employees, and penalties for violations.
UCT wayfinder - new guidance for businesses still transitioning to the unfair...Erin Tanner
Our latest update regarding the Federal Court's decision against JJ Richards. The update includes a wayfinder tool to help businesses navigate the unfair contracts provisions and ensure documents are compliant.
This newsletter from Judge & Priestley LLP provides updates on recent legal developments affecting clients. It discusses the Help to Buy equity loan scheme that provides government-backed loans for home purchases. It also summarizes the Chancellor's abolishment of stamp duty for most first-time home buyers in England and Wales. Additionally, it covers an employment tribunal case where a bus driver who was fired for running a red light won an unfair dismissal claim due to his long unblemished record.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Chicago Daily Law Bulletin - Predevelopment engineering services are lienablPaul Porvaznik
The Illinois Supreme Court ruled that an engineering firm's predevelopment services for an unfinished real estate project were lienable improvements under the Illinois Mechanics Lien Act. The engineering firm had performed services like creating a plat of subdivision, surveying the property, and planning roads and sewers. While these services did not physically alter the land, the Court found they were still lienable as they were performed "for the purpose of" allowing the eventual development of the property. This overturned lower court rulings and provides expanded protection for contractors and lien claimants on incomplete projects.
The document is a newsletter from the law firm Judge & Priestley LLP providing updates on recent legal developments. It summarizes two court cases, one where a company successfully claimed negligence against its brokers for failing to inform it of an insurance policy condition, and another where an estate agent was not entitled to commission due to failings in the oral contract. It also announces the acquisition of another law firm, Preston Mellor Harrison, expanding the private client services.
My judgment against TempWorks Management, Inc. in a Minnesota court. It was an unfortunate, but necessary, process. The truth prevailed, as it usually does in these types of situations.
The document provides tips and best practices for kitchen and bath companies to prevent litigation, including proper communication, avoiding shortcuts, thorough record keeping, complying with laws, and properly screening subcontractors. It also discusses common sources of liability such as misrepresentations, mistakes, lack of procedures, and failure to follow through. Examples of actual litigation issues involving kitchen companies are presented.
Independent Contractors In MassachusettsMichael Gove
This document summarizes Attorney Michael Gove's presentation on Massachusetts' independent contractor law (G.L. c. 149, § 148B) to the Employers Association of the NorthEast. It discusses the ABC test used to determine whether a worker is an employee or independent contractor, factors considered in each part of the test, examples of how courts have applied the test, consequences of misclassifying employees, and penalties for violations.
UCT wayfinder - new guidance for businesses still transitioning to the unfair...Erin Tanner
Our latest update regarding the Federal Court's decision against JJ Richards. The update includes a wayfinder tool to help businesses navigate the unfair contracts provisions and ensure documents are compliant.
This newsletter from Judge & Priestley LLP provides updates on recent legal developments affecting clients. It discusses the Help to Buy equity loan scheme that provides government-backed loans for home purchases. It also summarizes the Chancellor's abolishment of stamp duty for most first-time home buyers in England and Wales. Additionally, it covers an employment tribunal case where a bus driver who was fired for running a red light won an unfair dismissal claim due to his long unblemished record.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Chicago Daily Law Bulletin - Predevelopment engineering services are lienablPaul Porvaznik
The Illinois Supreme Court ruled that an engineering firm's predevelopment services for an unfinished real estate project were lienable improvements under the Illinois Mechanics Lien Act. The engineering firm had performed services like creating a plat of subdivision, surveying the property, and planning roads and sewers. While these services did not physically alter the land, the Court found they were still lienable as they were performed "for the purpose of" allowing the eventual development of the property. This overturned lower court rulings and provides expanded protection for contractors and lien claimants on incomplete projects.
Alan M. Cohen has been practicing law for over thirty years. He is a member of the Massachusetts Bar Association. He practices commercial litigation with a focus on commercial debt collection and business debt collection litigation.
The newsletter discusses recent developments in construction adjudication and prompt payment laws in various jurisdictions.
In the UK, the Supreme Court ruled that an insolvent party can refer disputes to adjudication. Additionally, a case clarified when a delay report constitutes a new claim vs supplemental evidence.
In Canada, several provinces have introduced or are considering introducing prompt payment and adjudication legislation similar to Ontario's regime. The federal government has also passed prompt payment legislation.
New Zealand case law confirmed adjudicators can award statutory damages and consider matters already determined in prior adjudications to prevent repeated claims on the same issues.
Coast 2 Coast Lien Search and Mitigation Services provides municipal lien searches and mitigation services throughout Florida. They guarantee fast and accurate turnaround times on lien searches. If any issues are found, they will cover financial losses to ensure clients can close without delays. They have experience in the real estate industry and title searches to thoroughly research municipal issues that may affect property purchases.
Letter to Senator Johnson (Oregon) Supporting HB3160/SB414Seth Row
This letter summarizes a legal case involving an insurance company, St. Paul Fire & Marine, refusing to defend its policyholder Anderson Brothers in a Superfund cleanup case, in violation of Oregon law. It asks the senator to support a bill that would complement recent amendments to the Oregon Environmental Cleanup Assistance Act, as the current law does not apply to most coverage disputes small businesses face. The letter explains that without this legislation, insurance companies have little incentive to defend policyholders as required by their contracts.
EEOC Claim-Filing Limits Altered by Supreme Court LawCrossing
DC-based Howe & Russell and Ledbetter's attorney, said the decision - ultimately will not serve well the interests of anyone, employers and the [Equal Employment Opportunity Commission] included.
The document discusses proposed legislation in Colorado that would eliminate various business tax credits and exemptions, generating $145 million in additional tax revenue for the state. The bills are aimed at addressing Colorado's $1 billion budget shortfall but are worrying small business owners who fear they will be overburdened. While supporters say the bills target loopholes and special interests, critics argue the bills will hurt innovation, job creation, and small businesses.
Best Options of Release in a Criminal MatterDerek Nelson
The document discusses the history and development of commercial bail bonds in the United States legal system from the 1600s to present. It describes how commercial bail began as a way to provide affordable pretrial release of criminal defendants while relieving the financial burden on governments. Over time, laws and regulations established standards for commercial bail to balance pretrial release with ensuring defendants return to court. However, some organizations argue commercial bail should be replaced by government-run pretrial services programs, though evidence shows this can increase failure-to-appear rates and crime. The document provides various perspectives on the ongoing debate around commercial bail.
This document provides an overview of competition litigation in various jurisdictions around the world. It contains general chapters on topics related to private antitrust enforcement and damages actions. It also contains country-specific question and answer chapters on 35 different countries/regions and their competition laws and private litigation procedures. The document was published by Global Legal Group to provide a practical guide on cross-border competition litigation issues. It contains contributions from various law firms and is intended to indicate key legal issues without providing full legal advice.
This document summarizes key issues relating to corporate recovery and insolvency in Mexico. It discusses how creditors can take security over assets, including through bonds, pledges, mortgages and other means. Transactions entered into while a company is in financial difficulties may be vulnerable to attack if they are deemed to defraud creditors. The document outlines the "retroaction period" and acts that are considered definitively or presumed to defraud creditors. It also discusses potential civil, criminal and disqualification liabilities for directors who continue trading while a company is insolvent.
This document provides information about purchasing a BUSN 420 Final Exam from an online test preparation service. It includes the link to purchase three different exam sets, each containing short essay questions and multiple choice questions. It also provides contact information for the test preparation service.
The document discusses collection agencies and consumer rights regarding debt collection. It provides information on what collection agencies are, prohibited collection practices, and steps consumers can take if they are being harassed by an agency. It also discusses options for dealing with debt and seeking help from credit counseling services.
The Foundation for Fair Contracting of Massachusetts had its most successful year in 2012, recovering nearly $1.3 million in back pay and penalties for workers. Several contractors were cited for violating prevailing wage laws, including National Water Main Cleaning Company being ordered to pay over $1 million in restitution and penalties. The FFCM also launched a new website to help contractors and workers understand public construction laws in Massachusetts.
This document provides information about an organization called Brothers For Justice that aims to help homeowners discharge their mortgage and credit card debt legally. It discusses how the group provides education and documentation to allow homeowners to file necessary forms and documents. The document claims the process is legal and constitutional, and simply demands that banks and the government uphold what is promised in the constitution around truth, integrity, justice, disclosure and freedom. It asserts that their process uses administrative law and qualified written requests to seek full disclosure from lenders and hold them accountable if they are found to have engaged in predatory lending practices or fraud.
Imagine having world-class identity theft protection AND access to the largest attorney network in the world for less than the cost of a bottle of water a day!
Protect your Family, Finances, and Your Future Today:
https://www.hrmcplans.com/271942
Legal Shield is also available for Your Business:
http://www.seeyourlegalplan.biz/271942
An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada. Borden Ladner Gervais LLP (BLG), a leading full-service, Canadian law firm, is driven to help achieve the best possible results for all our clients. BLG’s more than 750 lawyers, intellectual property agents and other legal professionals in five offices provide corporate, litigation and arbitration, as well as intellectual property solutions to a wide range of clients nationally and internationally,.
Helen Kim - 2015 Roundtable SecuritiesHelen B. Kim
The document summarizes a roundtable discussion about recent developments affecting securities litigation, including the ATP Tour v. Deutscher Tennis Bund decision on fee-shifting bylaws and the Halliburton Co. v. Erica P. John Fund Inc. ruling. The participants, who are lawyers from various firms, discussed how the ATP Tour decision could enable fee-shifting in securities litigation but may not apply to fraud claims. They also debated whether fee-shifting bylaws could curb frivolous suits or deter valid litigation, and anticipated regulatory and legislative responses. Regarding Halliburton, the ruling maintained the fraud-on-the-market theory but made it easier for defendants to rebut the presumption
The Traskers hired Calvin of Ready Made Renovations to repair their foundation and install a new laneway after his advertisement. Calvin asked for additional payments totaling $25,000 without providing invoices or a written contract. Their daughter Angelina became concerned after observing the work crews taking many breaks and the incomplete work despite the large payments made.
When employers are faced with terminating employees in California, they often miss the numerous required notices and action steps they must take at or before the time of termination in order to comply with the law. In this presentation, Beth Arnese and I go over how to handle terminations in a legally compliant manner (not to mention as kindly and consciously as possible - which prevents lawsuits and bad karma).
Topics addressed include federal and state requirements for terminating employees, the necessary forms and notices, the California Unemployment Insurance Code, final wages, termination letters, COBRA and Cal-COBRA coverage, and severance pay and agreements.
This newsletter from Judge & Priestley LLP provides updates on recent legal developments. It announces the appointment of Mark Bailey as Director of Collections for J&P Credit Solutions to strengthen its debt recovery services. It also summarizes several court cases, including an agent being awarded damages for breach of contract, a builder ordered to repay funds improperly obtained, and a director being disqualified for improperly transferring company assets.
Take a look at our Winter 2017 Commercial Client Newsletter. We hope you find these articles interesting. Please don’t hesitate to contact us if you would like more information about the issues they raise, or any other legal matter affecting you or your business
Alan M. Cohen has been practicing law for over thirty years. He is a member of the Massachusetts Bar Association. He practices commercial litigation with a focus on commercial debt collection and business debt collection litigation.
The newsletter discusses recent developments in construction adjudication and prompt payment laws in various jurisdictions.
In the UK, the Supreme Court ruled that an insolvent party can refer disputes to adjudication. Additionally, a case clarified when a delay report constitutes a new claim vs supplemental evidence.
In Canada, several provinces have introduced or are considering introducing prompt payment and adjudication legislation similar to Ontario's regime. The federal government has also passed prompt payment legislation.
New Zealand case law confirmed adjudicators can award statutory damages and consider matters already determined in prior adjudications to prevent repeated claims on the same issues.
Coast 2 Coast Lien Search and Mitigation Services provides municipal lien searches and mitigation services throughout Florida. They guarantee fast and accurate turnaround times on lien searches. If any issues are found, they will cover financial losses to ensure clients can close without delays. They have experience in the real estate industry and title searches to thoroughly research municipal issues that may affect property purchases.
Letter to Senator Johnson (Oregon) Supporting HB3160/SB414Seth Row
This letter summarizes a legal case involving an insurance company, St. Paul Fire & Marine, refusing to defend its policyholder Anderson Brothers in a Superfund cleanup case, in violation of Oregon law. It asks the senator to support a bill that would complement recent amendments to the Oregon Environmental Cleanup Assistance Act, as the current law does not apply to most coverage disputes small businesses face. The letter explains that without this legislation, insurance companies have little incentive to defend policyholders as required by their contracts.
EEOC Claim-Filing Limits Altered by Supreme Court LawCrossing
DC-based Howe & Russell and Ledbetter's attorney, said the decision - ultimately will not serve well the interests of anyone, employers and the [Equal Employment Opportunity Commission] included.
The document discusses proposed legislation in Colorado that would eliminate various business tax credits and exemptions, generating $145 million in additional tax revenue for the state. The bills are aimed at addressing Colorado's $1 billion budget shortfall but are worrying small business owners who fear they will be overburdened. While supporters say the bills target loopholes and special interests, critics argue the bills will hurt innovation, job creation, and small businesses.
Best Options of Release in a Criminal MatterDerek Nelson
The document discusses the history and development of commercial bail bonds in the United States legal system from the 1600s to present. It describes how commercial bail began as a way to provide affordable pretrial release of criminal defendants while relieving the financial burden on governments. Over time, laws and regulations established standards for commercial bail to balance pretrial release with ensuring defendants return to court. However, some organizations argue commercial bail should be replaced by government-run pretrial services programs, though evidence shows this can increase failure-to-appear rates and crime. The document provides various perspectives on the ongoing debate around commercial bail.
This document provides an overview of competition litigation in various jurisdictions around the world. It contains general chapters on topics related to private antitrust enforcement and damages actions. It also contains country-specific question and answer chapters on 35 different countries/regions and their competition laws and private litigation procedures. The document was published by Global Legal Group to provide a practical guide on cross-border competition litigation issues. It contains contributions from various law firms and is intended to indicate key legal issues without providing full legal advice.
This document summarizes key issues relating to corporate recovery and insolvency in Mexico. It discusses how creditors can take security over assets, including through bonds, pledges, mortgages and other means. Transactions entered into while a company is in financial difficulties may be vulnerable to attack if they are deemed to defraud creditors. The document outlines the "retroaction period" and acts that are considered definitively or presumed to defraud creditors. It also discusses potential civil, criminal and disqualification liabilities for directors who continue trading while a company is insolvent.
This document provides information about purchasing a BUSN 420 Final Exam from an online test preparation service. It includes the link to purchase three different exam sets, each containing short essay questions and multiple choice questions. It also provides contact information for the test preparation service.
The document discusses collection agencies and consumer rights regarding debt collection. It provides information on what collection agencies are, prohibited collection practices, and steps consumers can take if they are being harassed by an agency. It also discusses options for dealing with debt and seeking help from credit counseling services.
The Foundation for Fair Contracting of Massachusetts had its most successful year in 2012, recovering nearly $1.3 million in back pay and penalties for workers. Several contractors were cited for violating prevailing wage laws, including National Water Main Cleaning Company being ordered to pay over $1 million in restitution and penalties. The FFCM also launched a new website to help contractors and workers understand public construction laws in Massachusetts.
This document provides information about an organization called Brothers For Justice that aims to help homeowners discharge their mortgage and credit card debt legally. It discusses how the group provides education and documentation to allow homeowners to file necessary forms and documents. The document claims the process is legal and constitutional, and simply demands that banks and the government uphold what is promised in the constitution around truth, integrity, justice, disclosure and freedom. It asserts that their process uses administrative law and qualified written requests to seek full disclosure from lenders and hold them accountable if they are found to have engaged in predatory lending practices or fraud.
Imagine having world-class identity theft protection AND access to the largest attorney network in the world for less than the cost of a bottle of water a day!
Protect your Family, Finances, and Your Future Today:
https://www.hrmcplans.com/271942
Legal Shield is also available for Your Business:
http://www.seeyourlegalplan.biz/271942
An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada. Borden Ladner Gervais LLP (BLG), a leading full-service, Canadian law firm, is driven to help achieve the best possible results for all our clients. BLG’s more than 750 lawyers, intellectual property agents and other legal professionals in five offices provide corporate, litigation and arbitration, as well as intellectual property solutions to a wide range of clients nationally and internationally,.
Helen Kim - 2015 Roundtable SecuritiesHelen B. Kim
The document summarizes a roundtable discussion about recent developments affecting securities litigation, including the ATP Tour v. Deutscher Tennis Bund decision on fee-shifting bylaws and the Halliburton Co. v. Erica P. John Fund Inc. ruling. The participants, who are lawyers from various firms, discussed how the ATP Tour decision could enable fee-shifting in securities litigation but may not apply to fraud claims. They also debated whether fee-shifting bylaws could curb frivolous suits or deter valid litigation, and anticipated regulatory and legislative responses. Regarding Halliburton, the ruling maintained the fraud-on-the-market theory but made it easier for defendants to rebut the presumption
The Traskers hired Calvin of Ready Made Renovations to repair their foundation and install a new laneway after his advertisement. Calvin asked for additional payments totaling $25,000 without providing invoices or a written contract. Their daughter Angelina became concerned after observing the work crews taking many breaks and the incomplete work despite the large payments made.
When employers are faced with terminating employees in California, they often miss the numerous required notices and action steps they must take at or before the time of termination in order to comply with the law. In this presentation, Beth Arnese and I go over how to handle terminations in a legally compliant manner (not to mention as kindly and consciously as possible - which prevents lawsuits and bad karma).
Topics addressed include federal and state requirements for terminating employees, the necessary forms and notices, the California Unemployment Insurance Code, final wages, termination letters, COBRA and Cal-COBRA coverage, and severance pay and agreements.
This newsletter from Judge & Priestley LLP provides updates on recent legal developments. It announces the appointment of Mark Bailey as Director of Collections for J&P Credit Solutions to strengthen its debt recovery services. It also summarizes several court cases, including an agent being awarded damages for breach of contract, a builder ordered to repay funds improperly obtained, and a director being disqualified for improperly transferring company assets.
Take a look at our Winter 2017 Commercial Client Newsletter. We hope you find these articles interesting. Please don’t hesitate to contact us if you would like more information about the issues they raise, or any other legal matter affecting you or your business
The document is a newsletter from the law firm Judge & Priestley LLP providing updates on legal developments. It summarizes that the firm has been recognized in the Legal 500 directory for the high quality of its social housing and debt recovery departments. It also provides brief summaries of several legal cases and new laws relating to issues like competition law, landlord tenant disputes, employment law, and actions against rogue landlords and illegal immigrants.
The document is a newsletter from a UK law firm, Judge & Priestley LLP, providing updates on recent legal developments. It summarizes several court cases, including a beauty spa manager being granted an injunction against department store Harrods, an agency worker winning a claim for equal treatment against Royal Mail, and a supermarket being awarded over £1 million in damages from an insurance broker for failing to provide proper fire insurance advice. It also discusses new government proposals regarding corporate governance, small business protections, property agent regulations, and protecting company directors from identity fraud.
The newsletter provides updates on recent legal developments that may affect clients. It summarizes a recent Supreme Court ruling that clarified dishonesty in financial divorce proceedings will not be tolerated. It also outlines new regulations affecting section 21 eviction notices for rental properties. Additionally, it discusses a court case where a woman challenged her mother's will and was awarded £163,000.
Acquisition International August 2013 41Tony Wayne
Bryan, Mansell & Tilley LLP is a UK-based turnaround boutique that specializes in cross-border restructurings for mid-market companies between €10-€1.5 billion in revenue. While corporate insolvencies remain low in the UK due to low interest rates, the firm predicts a slow recovery and subdued market conditions. The firm aims to find solutions that deliver value for stakeholders and avoid insolvency.
IronHorse LLC is a US-based firm providing restructuring consulting, litigation support, and due diligence services focused on a six-state region. While the rate of corporate insolvency has slowed, the firm expects increased restructuring needs as $
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
This document provides information on debt collection procedures in the United Kingdom, including England, Wales, Scotland, and Northern Ireland. It discusses the amicable collection phase where collectors try to obtain payment through letters and phone calls. If unsuccessful, legal procedures can include a Letter Before Claim, county court judgments, or insolvency proceedings. The costs, timeframes, and options for enforcement of judgments are also outlined for each jurisdiction. Legal interests and statutory rates are applied at each stage of the process.
BarrCo Employment Law Bulletin March 2010magstrench
The document provides a summary of recent employment law cases and guidance across various topics:
- Guidance was issued on annual and sick leave in which workers can choose to take statutory annual leave concurrently with sick leave or carry it over.
- Sentencing guidelines for corporate manslaughter and health and safety offenses resulting in death recommend significant fines between £500,000 to millions.
- Implied contractual terms must be express to clarify bonus eligibility for employees who leave before payment dates.
- Employment status depends on analyzing all elements of the contract even if labeled otherwise, such as a right of substitution not determining self-employment status.
The newsletter introduces Ryan Taylor as a new specialist in contentious probate matters. He has over six years of experience in private client work, including estate disputes in Australia and England. Ryan joins Judge & Priestley's private client team, which provides legal services in areas like wills, inheritance, and estate administration.
This document provides a response from a firm of solicitors specializing in financial services law to the FCA's consultation on extending access to the Financial Ombudsman Service for small and medium-sized enterprises (SMEs). The firm welcomes the proposals to include SMEs as eligible complainants. They also provide three additional proposals: 1) Removing the Financial Ombudsman Service award limit entirely; 2) Setting the limit at no less than £250,000; and 3) Requiring the Financial Ombudsman Service to make legally-binding decisions that can be appealed to the High Court, similar to the Pensions Ombudsman.
Slides from the niceties of notices and their importance for construction claimsRobert MacDonald
This document summarizes a legal article about notices under the UK's Housing Grants, Construction and Regeneration Act 2009 and the NEC3 construction contract.
The article discusses three recent court cases that dealt with failures to serve payment or pay less notices under the 2009 Act. It also examines issues around distinguishing interim payments from final accounts. Additionally, the document outlines key points in NEC3 regarding compensation event notices and the 8-week time limit for notifying such events. The author notes that in practice, both contractors and project managers often fail to follow the notice procedures as intended by the contracts.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help mitigate challenges in the market.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help level the playing field.
Review of National Industrial Court of Nigeria Civil Procedure Rules Dayo Adu
Famsville Solicitors provides legal services in various areas including corporate law, real estate, tax law, employment law, intellectual property, and business immigration. It aims to provide expertly tailored legal support for each client. The firm has in-depth experience and expertise, and its focus is to become a preeminent international law firm.
The document then discusses new rules introduced by the National Industrial Court of Nigeria to improve the administration of justice. Key changes include fast-track proceedings for public interest cases, distinguishing rules for employees who die with or without a will, limiting media coverage of court proceedings, requiring pre-trial conferences, and other innovations like electronic filing and alternative dispute resolution guidelines.
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013Awara Direct Search
This document summarizes a seminar on English law presented by Wedlake Bell LLP. It discusses the structure of the morning seminar, which will cover fundamentals of English law, how to structure a hotel joint venture agreement, and an initial public offering of securities in London. It then provides details on the speaker Jeremy Lederman and his presentation on fundamentals of English law, which will cover sources of English law and the court system, forms of legal personality, contract law, and trusts law.
Find your best UK Solicitor through Justvice Lawyers Listings. Browse our Solicitor Directory and find Top Rated Lawyers with reviews. UK Solicitors are welcome to join.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Judge & Priestley Legal Update For Commercial Clients (Summer 17)
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Legally Speaking - Judge & Priestley’s Quarterly Legal Update for Commercial Clients
that could have been a lifeline for small businesses and other
trade creditors.”
The warning highlights the need for firms to keep a tight rein
on credit control to ensure they are paid promptly. Invoices
that are allowed to remain unpaid for long periods may prove
impossible to recover if the debtor goes out of business.
A solicitor’s letter is often enough to ensure payment. If not,
the law provides several other ways to recover debts up to
and including court action.
For more details contact
Rachel Addai - 020 8290 7356 raddai@judge-priestley.co.uk
The recent changes to corporation tax loss relief could
lead to more business failures, according to the insolvency
specialists, R3.
Following changes introduced in April, companies are only
allowed to write off 50% of past losses from future corporation
tax bills, rather than the previous 100%.
The changes are expected to raise £1.6bn over the next
five years, but this could come at the cost of an increase in
business failures.
Andrew Tate, the president of R3, said: “The loss relief
reforms could damage business rescue in the UK. In some
cases, business rescues will be hindered by hefty tax bills.
More business failure and less business rescue will be the
consequence.
“It’s frustrating that while the government is considering
reforms to boost business rescue, the failure to tweak the loss
relief reforms could cancel out that work significantly.
“The impact on other creditors in situations where businesses
have failed is problematic, too. The failure of one company
can cause the failure of another if there is not enough money
owed to it returned through an insolvency procedure.
By limiting loss relief so significantly, HMRC is essentially
jumping the queue of creditors and will benefit from money
Tax change ‘could lead to more business failures’
Jaguar Land Rover must pay out £19,000 over ‘racist slurs’
Jaguar Land Rover has been ordered
to pay £19,000 compensation to a
black employee who was subjected to
racist slurs by staff and management.
Mr Paul Hoyte claimed he had
regularly suffered abuse and
harassment because of his race and
disabilities.
The Employment Tribunal was told that
Mr Hoyte suffered from depression,
anxiety and irritable bowel syndrome.
He had been off work for nearly
two years before he was dismissed
in March 2016 on the grounds of
capability.
The tribunal rejected his claim that he
was unfairly dismissed but accepted
his claim of harassment and disability
discrimination. It found that “racially
offensive” terms were used by
management and colleagues.
Judge Lloyd said: “One of those
we think was the word ‘Abo’. We
think that word had probably been
used sporadically of the claimant for
some time during his employment by
associate and management staff.
“Ironically, we do not think it was
meant to be gratuitously offensive.
“But we cannot avoid the conclusion
that it was bound to be very racially
offensive to a black man like the
claimant.
“We believe this was part of harassing
conduct towards the claimant, which
impugned his dignity significantly; even
if it was not intended as a deliberate
racial slur.”
Mr Hoyte needed to take urgent toilet
breaks due to his condition but was
told that he needed to ask permission
from his line manager before stopping
work.
Judge Lloyd said: “Given the nature
of his medical condition, that rule was
both embarrassing and demeaning in
a way that a non-disabled colleague
would not be subjected to.”
Mr Hoyte was awarded compensation
of £19,152.
For more details contact
Paul Stevens - 020 8290 7422
pstevens@judge-priestley.co.uk
2. Builders win £700,000 payment dispute with developers
A building firm has won a dispute over
a £700,000 payment after the High
Court upheld a decision made by an
adjudicator.
The firm had been contracted by some
developers to provide pre-construction
services for a proposed retirement
village. Once the work was complete, it
submitted an invoice but didn’t receive
payment.
The firm then served a payment notice
under the Local Democracy, Economic
Development and Construction Act
2009.
The court found in favour of the building
firm. The judge said there were only two
grounds on which enforcement of an
adjudicator's decision could be resisted:
lack of jurisdiction and a breach of
natural justice.
No issue had been taken as to the
adjudicator's jurisdiction, and neither of
the developer’s arguments raised issues
of justice. Therefore, the adjudicator's
decision ought to be enforced.
For more details contact
Neil Cuffe - 020 8290 7405
ncuffe@judge-priestley.co.uk
It received no response so it referred
the matter to an adjudicator who found
that the sum of £705,558 was due from
the developers. The firm then asked the
High Court for summary judgment to
enforce that decision.
The developers argued that it was
a breach of natural justice for the
adjudicator to order payment of such an
excessive sum where the operation of
complex payment rules was in dispute.
The adjudicator had also failed to ask
why no building contract had been
entered into after the pre-construction
works.
The Queen’s Speech announcing the
government’s plans for the coming two
years was dominated by Brexit, as was
widely expected.
Eight of the 27 new bills were related in
some way to our future relationship with
the European Union and the rest of the
world.
The impact on business will largely
depend on the outcome of complex
negotiations that could last several
years. However, there were some
indications of the government’s thinking
and how that might affect business and
employees.
The Repeal Bill will repeal the 1972
European Communities Act and convert
EU law into UK law. This means that
in the initial stages of the withdrawal,
EU laws, directives and regulations will
remain in place.
The government will then amend or
repeal them over time. Any suggestion
that this might lead to a reduction
in employment rights seemed to be
addressed in the speech.
“The National Living Wage will be
increased so that people who are on
the lowest pay benefit from the same
improvements in earnings as higher paid
workers.
“My ministers will seek to enhance
rights and protections in the modern
workplace.
“My government will make further
progress to tackle the gender pay gap
and discrimination against people on
the basis of their race, faith, gender,
disability or sexual orientation.”
There was also a commitment to provide
a better deal for tenants in rented
accommodation. “Proposals will be
brought forward to ban unfair tenant
fees, promote fairness and transparency
in the housing market, and help ensure
more homes are built.”
We shall keep clients informed of
developments.
For more details contact
Paul Stevens - 020 8290 7422
pstevens@judge-priestley.co.uk
Queen’s Speech: Brexit, employment and housing
Architect faces negligence case despite giving services free
Businesses and professionals need to
take care when giving their services
free to friends because they could find
themselves facing a negligence claim if
things go wrong.
That is what happened to an architect in
a recent case that has gone all the way to
the Court of Appeal.
The issue arose after the architect
agreed to help her friends with a project
to landscape their garden. For no fee,
she secured a contractor, who carried out
the earthworks and hard landscaping.
The architect intended to provide
subsequent design work for which
she would charge a fee. However, the
project did not get that far because the
friends were unhappy with the quality
and progress of the work. They brought
proceedings claiming that the architect
was responsible for the defective work.
A preliminary hearing was ordered to
determine whether they could claim
against the architect considering that she
had given her services for free.
The judge determined that although there
was no contract as such, the architect
still owed a common law duty of care
because she possessed a special skill
and had assumed a responsibility on
which her friends had relied. He held that
she had acted as project manager, not as
a mere facilitator between the contractor
and the respondents.
The Court of Appeal has upheld that
decision. It said the judge had been
entitled to conclude that there had been
an assumption of responsibility and that it
was appropriate, fair, just and reasonable
for a duty of care to arise.
The decision means that the architect’s
former friends can now pursue a claim
against her to try to recover damages.
For more details contact
Mark Oakley - 020 8290 7337
moakley@judge-priestley.co.uk
3. exclude Richard from the Thai and BVI
businesses.
Richard sought an equal division of the
business as a whole, and compensation
for any loss caused by Robert's breaches
of fiduciary duty.
The court had to determine how the
ongoing commercial relationship was to
be brought to an end.
There were several issues including
whether their interests in the partnership
were 50/50 or 51/49 in Robert’s favour,
and whether the partnership extended to
the Thai and BVI companies.
The court found in favour of Richard. It
held that the evidence showed that they
were equal partners. It decided that the
partnership should be wound up while
retaining each business as a going
concern rather than have them sold off to
realise cash.
Richard's assets in the Thai and BVI
companies would be transferred to
Robert, and Robert's interests in the
London and US companies would be
transferred to Richard.
Each would account to the other for half
the value of, and his drawings from, the
companies he had controlled, and Robert
would pay compensation for his breaches
of the duties he owed to Richard.
For more details contact
Neil Cuffe - 020 8290 7405
ncuffe@judge-priestley.co.uk
A father has won his discrimination claim
against his employer after being denied
his full paternity rights.
Call centre worker Madasar Ali wanted
to take the leave to care for his baby
daughter because his wife was suffering
from post-natal depression. His employer,
Capita, said he would only be granted
two weeks on full pay even though
women are entitled to 14 weeks.
Capita argued that Mr Ali wasn’t entitled
to the same leave as a woman because
as a man, he couldn’t give birth.
The Employment Tribunal rejected this
argument and found in favour of Mr Ali.
It held that Capita’s actions contravened
the Equality Act and parental rules
introduced in 2015, which allowed
parents to share up to 50 weeks of leave.
Employment judge Rita Rogerson said:
"It was accepted that he was denied that
benefit and was deterred from taking the
leave and was less favourably treated as
a man.
"Either parent can perform the role
of caring for their baby in its first year
depending on the circumstances and
choices made by the parents."
The level of Mr Ali’s compensation will be
decided at a further hearing.
For more details contact
Paul Stevens - 020 8290 7422
pstevens@judge-priestley.co.uk
The High Court has decided how two
partners should divide their business
after they fell out and could no longer
work together.
The two men were brothers who had run
a jewellery business through an English
limited partnership based in London,
two Thai companies, a British Virgin
Islands (BVI) company, and a company
registered in the US.
Richard managed the London and US
businesses, while Robert controlled
the BVI and Thai companies. Thai law
imposed restrictions on the foreign
ownership of Thai land and company
shares so Robert had transferred the
shares in the Thai companies to his wife
and children, who were Thai nationals.
When the brothers' relationship broke
down in 2012, Robert sought to
Court helps partners divide jewellery business
Landlord’s terms judged too severe
in Vivienne Westwood case
The terms of a rental agreement that
would have meant fashion designer
Vivienne Westwood having to pay
an extra £100,000 on her flagship
store in Mayfair were too severe to be
enforceable, the High Court has ruled.
Vivienne Westwood Ltd leased
the premises from Conduit Street
Development Ltd in 2009 on a 15-year
term with rent reviews after 5 and 10
years.
A side letter was entered into at the
same time as the lease. Under its
terms, the landlord agreed to accept a
lower rate of rent, increasing gradually
from £90,000 for the first year to
£100,000 for the fifth year.
It would then be capped at £125,000
per annum for the following five years
if a higher open market rent was
determined upon the first rent review.
The lower rent set out in the side letter
was terminable by the landlord if the
tenant breached any of the terms and
conditions of the side letter or lease, in
which case the rents would be payable
in the manner set out in the lease, as if
the side letter had never existed.
The tenant failed to pay the rent
in June 2015 and the landlord
asserted that the side letter had been
terminated and that the open market
rent was payable.
The High Court rejected this argument.
It held that the terms of the side letter
amounted to a penalty and were
therefore unenforceable.
Under the side letter, the same
substantial financial adjustment
applied whether a breach was a one-
off, minor, serious or repeated, and
without regard to the nature of the
obligation broken or any actual or likely
consequences for the landlord. That
had long been recognised as one of
the hallmarks of a penalty.
The extra financial detriment to
the tenant seemed exorbitant and
unconscionable.
For more details contact
Steven Taylor - 020 8290 7304
staylor@judge-priestley.co.uk
Father wins claim
over paternity leave
Company Law
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Meet the teamServices
This newsletter is intended merely to alert readers to legal developments as they arise. The articles are not intended to be a definitive analysis
of current law and professional legal advice should always be taken before pursuing any course of action.
Authorised and regulated by the Solicitors Regulation Authority
The High Court has upheld a legal
agreement that limited a building firm’s
liability for damages to 10% of the
total value of a contract agreed with a
developer.
The issue arose after the developer
hired the firm to carry out the design
and construction of certain works.
The contract terms included the
JCT Design and Build Sub-Contract
agreement with bespoke amendments.
A clause in the agreement covered
the possibility of delays taking place in
the work and limited the firm’s liability
for losses to 10% of the value of the
contract.
Once the work got under way, there
were various delays and disruption that
led to the developer losing more than
£2m. It sought compensation from the
firm of £1.4m, that being 10% of the
value of the contract.
However, it later went on to seek more
compensation that went beyond the
10% cap. It argued that other claims
for the financial consequences of delay
and disruption, totalling £2,291,495,
came under other clauses in the
agreement outside the cap.
The court ruled in favour of the firm. It
held that the cap was a straightforward
provision seeking to limit the firm’s
liability for "direct loss and/or expense
and/or damages" at 10% of the value
of the contract. It didn't refer to claims
under particular clauses.
For more details contact
Neil Cuffe - 020 8290 7405
ncuffe@judge-priestley.co.uk
Building firm limits liability for loss and damages to 10%
Should workers be paid if on call or asleep?
The issue of whether workers should be paid the National
Minimum Wage when they’re on call or required to sleep on
site has been addressed by the Employment Appeal Tribunal
(EAT).
It said there was no definitive answer as each case would
depend on its individual circumstances. However, it did
highlight some of the factors that would be relevant when
making a judgment.
Reason for engaging the worker
This would examine the regulatory or contractual obligation for
the worker to be present on the site while on call or sleeping.
It would be important to ascertain whether the worker was
required to remain on the premises during the period in
question or had restrictions placed on his movements.
Worker’s responsibility
The degree of responsibility would need to be considered.
A case involving a worker who was required to sleep at the
premises to deal with emergencies such as a break-in or a
fire might be treated differently to one where the worker might
have more regular or routine duties to perform.
Primary or secondary responder in an emergency
A case involving a person who is woken in an emergency and
has to respond to the issue himself may be treated differently
to someone is only woken when needed by someone who has
already assessed the situation.
The guidance was given by the EAT after it considered three
separate cases that were heard together because they raised
similar issues.
For more details contact
Paul Stevens - 020 8290 7422 pstevens@judge-priestley.co.uk