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Insufficiency of Funds - Deals Mean Loss of Control

Failing to pay taxes due because of insufficiency of funds with which to do so has repeatedly been challenged by HM Revenue and Customs (HMRC) when a defaulting taxpayer has sought to claim it is a 'reasonable excuse' for non-payment. Where such an excuse...

Pre-Trial Skirmishing Can Be as Important as the Main Event

In commercial litigation, many of the most important battles are fought before the trial even starts and those who drag their feet or fail to comply with judicial directions can find themselves hamstrung when it comes to the main event. Exactly that happened...

New National Minimum Wage Rates

The draft National Minimum Wage (Amendment) Regulations 2018 were published on 6 February and provide for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates with effect from 1 April 2018: The NLW, which...

Unfair Competition by Former Employees - The Law Can Move Fast!

If key workers leave your employment and you are concerned that they may breach their contracts by setting up in competition, the law can move fast to protect you. That was certainly so in one case in which four former employees of a fashion company were...

Absolute Discretion Has Limits

Construction disputes are a rich source of argument in the courts, and where the contract affords one party a 'discretion' with regard to its rights or obligations under the contract, disagreement can arise as to when this becomes operative. Recently, an...

E-Signature Consultation

Under the Law Commissions Act 1965 , the Law Commission is required to submit programmes of law reform to the Lord Chancellor. The latest topics put forward for consideration include a review of the use of 'e-signatures'. These are becoming increasingly...

Government Responds to the Taylor Review of Employment Practices

In October 2016, the Prime Minister commissioned Matthew Taylor, Chief Executive of the Royal Society for the Encouragement of Arts, Manufactures and Commerce and a former policy chief under Tony Blair, to look at how employment practices need to change in...

Failure to Point Out Business Decline Proves Costly

When a business is sold, a 'due diligence' process is normally entered into to make sure that the representations made by the seller to the buyer, on which the buyer's valuation of the business will be based, are true. Failure to be forthright in disclosures...

Unfair Dismissal - What Matters is the Decision Maker's Mindset

For an employee to succeed in a claim of unfair dismissal, they must be able to show that their employer has acted unreasonably, and unfair conduct on the part of individual colleagues or managers is immaterial unless it can properly be attributed to the...

Charges Must Be Reasonable to be Reasonably Incurred

The leases relating to tenancies in blocks of flats and similar buildings will normally require the tenants to make a reasonable contribution towards the 'estate' costs of the property. The estate costs are those which apply to the whole of the premises or...
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