The courts are frequently asked to determine whether a clause providing for payment of a fixed sum on breach of contract is a penalty (and unenforceable under English law, even if the parties are of equal bargaining power) or a genuine pre-estimate of loss (liquidated damages), in which case the clause will be enforceable. Forfeiture clauses […]
A ‘best endeavours’ obligation is the most onerous of the three levels of ‘endeavours’ obligations. In the words of one old case: the term ‘best endeavours’ ‘means what the words say; they do not mean second-best endeavours’. A party should take steps that a prudent, determined and reasonable obligee (i.e. the beneficiary of the obligation), […]
Berrymans Lace Mawer (BLM) has picked up two property insurance partners and two fee-earners from Greenwoods, less than a year after the firm merged with Parabis. Greenwoods lost an eleven-partner team to DWF in October, after insurance giant Aviva raised concerns about the bulk of the personal injury (PI) team joining up with defendant insurance […]
The long-awaited appeal judgement of Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd [2014] WASCA 28 was handed down on 5 February 2014. As detailed in a previous DLA Piper briefing, Primewest (the seller) had commenced action in the first instance against Ryom (the buyer) for failing to be ready, willing and able to settle. […]
DLA Piper has released the 10 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector. Click on the link below to read the rest of the DLA Piper briefing.
Geoffrey Mead, partner at Eversheds, has commented on UNISON’s unsuccessful challenge to the UK employment tribunal and Employment Appeal Tribunal (EAT) fees regime. Judicial review proceedings were brought by UNISON on the basis of an argument, in summary, that the fees are ‘unjust and discriminatory’. Mead said: ‘In judicial review proceedings, a judge reviews the […]
In October, Collyer Bristow held a mock employment tribunal hearing based on a real case involving claims of constructive unfair dismissal and disability discrimination. Barristers Oliver Segal, Deshpal Panesar and Jonathan Davies of Old Square Chambers grilled the witnesses and offered a real insight into the workings and procedure of the employment tribunal. Collyer Bristow […]
An issue that commonly comes before the courts in insolvency situations is whether a lender that has advanced money to the now insolvent borrower has retained a ‘security interest’ in the monies advanced, so that the monies are held in a trust for the benefit of the lender (termed a Quistclose trust). This would mean, therefore, […]
Remembering to separate out recyclable materials when putting the bins out is something that can be a bit of a chore, but people seem to be getting used to it. The national UK household recycling rate has risen from 11 per cent in 2000 to 43 per cent, working towards our EU target of 50 per […]
DLA Piper has advised Bristow Helicopters on its acquisition of a 60 per cent interest in the privately owned Eastern Airways International. Eastern Airways will continue to operate as normal and under its own brand, led by the current management team. Bristow is a provider of helicopter services to the worldwide offshore energy industry based […]
Wragge & Co’s life sciences team has brokered a licensing agreement between AstraZeneca and a partnership of Belgian life sciences research institutes: the Biotechnology Institute VIB, CD3 and KU Leuven. The deal will see AstraZeneca in-license certain novel molecules from VIB/CD3 and collaborate with academics to explore new insights into treatments for inflammatory and cancer […]
A shadow director is defined in section 251(1) of the Companies Act 2006 as a person in accordance with whose directions or instructions the directors of the company are accustomed to act. There are limited exceptions for those who act purely in a professional capacity when providing advice — such as lawyers. A de facto […]