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Aaron Marshall
 

No oral modification clauses - the implications

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“No oral modification” clauses (hereafter, NOM clauses) are oftentimes employed in commercial contracts to prevent parties from varying terms of a contract via means which are other than the agreed upon form, e.g. varying the contract in writing...

Contractual Damages - What you are able to claim after proving your claim in contract

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Before pursuing a claim for a breach of contract, you should be clear on what damages you may be able to pursue if your claim is successful. What are damages? ‘Damages’ refers to the amount of compensation you are...

The Court of Appeal confirms that you cannot imply a contractual term just because in hindsight it seems fair to do so

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In the recent ruling of Robert Bou-Simon v BGC Brokers LP [2018] EWCA 1525 (Civ) the Court of Appeal was tasked with ruling over whether the initial trial judge had been correct to imply a contractual term into a loan agreement between the Appellant, Mr...

No interest loans? The case of Al Jaber v Al Ibrahim

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What happens if you agreed to loan money to someone, but didn’t discuss whether they should pay you added interest? If the person to whom you loaned money lives abroad, would you be able to claim your money back in the UK, or would proceedings have to...

When can I access my neighbour's land?

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When you wish to access your neighbours land there are usually three paths open to you: easements, covenants, and the Access to Neighbouring Land Act 1992 (ANLA). Easements are rights one person can have over another's land, for example, the right to...

How useful are "good faith" clauses?

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When a contract is drafted, it may be difficult to legislate for every possible scenario, and so a “good faith” clause is often included to compensate for this, and to ensure that the “spirit” of the contract is adhered to –...

Should you open your business up to online reviews?

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There has been a significant upturn in the number of businesses providing their customers with the opportunity to submit online reviews towards services and products. This platform has snowballed following the success of companies such as Amazon and Trip...

What to do if you have been issued a County Court Judgment (CCJ)

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If you have been served a County Court Judgment (CCJ), it may have occurred without your knowledge due to unfair practices. There are actions you can take to defend yourself from such sharp practices ahead of potential governmental changes to how CCJs...

Reminder for employers: Are you contributing to your employees' pension?

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Employers have a statutory duty to make contributions to certain employees' pension funds. Failure to do so can lead to a substantial pension bill later on as well as a heavy fine and court costs. The Pensions Act...

The mental and physical health issues caused by debt

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A recent report, “ Life on Debt Row ”, acknowledges what many people know all too well: debts are bad for a debtor’s physical and mental health. Debts also have a negative effect on a debtor’s family and friends. The RSPH...

Dispute Resolution: the Benefit of Early Legal Advice

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Parties with a dispute often regard seeking advice from a solicitor as a last resort – an uncomfortable and expensive step that could complicate the dispute. But those who put off speaking to a solicitor could be affecting their chance of an...

New Protocol to Help Resolve Boundary Disputes more quickly and efficiently

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Boundary disputes between neighbours are surprisingly common. Long-running spats between neighbours can become quite acrimonious over time and be hard to resolve without taking the matter to court. In an attempt to simplify the dispute resolution process...

Start January on a Positive Note: Deal with Those Debts

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As Christmas memories start to fade, the burden of debt becomes a harsh reality for many. For individuals, over enthusiastic splurges with the credit card mean January will be a tight month. For some, the cost of Christmas might even have tipped household...

Debt Problems? Break the Ice: Talk and Sort

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As we reach December, many will be hoping for a good rest at Christmas and a fresh start in 2018. But for some, it’s been a difficult trading year - and the looming Brexit, a stagnating economy and the annual costs of celebrating Christmas all place a...

Recovering Debts From Consumers is About to Get Harder

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New debt recovery rules that come into force in October will make debt recovery more challenging for businesses. If you've been putting off collection, there's less than 2 weeks to start the process to take advantage of the current rules. ...

Court Deadlines Are Strict - Comply With Them or Risk Judgment Being Entered Against You

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If a formal court claim is made against you, you must take prompt action by acknowledging service and serving your defence. If you don’t do this within the strict court deadlines, you might lose your chance to defend the claim. A recent case has given...

The pitfalls of settling a dispute without legal advice

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Court proceedings have a reputation for being expensive and time consuming – and with some justification. Courts and solicitors therefore encourage disputing parties to settle their claims as early as possible to avoid the expense, sheer inconvenience...

INSIGHT: Local courts included in the government's closure plans

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The government has announced that nearly a fifth of all courts and tribunals in England and Wales are to close. The list includes local courts in Oldham and Tameside. 91 courts and tribunal hearing centres were reviewed...