Articles

Then there's the fungal mould…

The JCT has just released a consultancy agreement for larger projects. Here's what you should be aware of before you go ahead and sign it. Location: UK

Snow and the NEC3 Standard Form of Contract

The recent severe winter weather throughout the UK has not only brought Health and Safety concerns for Project Managers, Site Supervisors and Contractors but will lead to an increase in contractual claims for delay and disruption in the next few months.  Location: UK

FSA publishes Retail Distribution Review feedback statement

As part of the Retail Distribution Review the FSA has published its final proposals for the future of the retail market for investment products. Location: UK

Legal Review: January to December 2008

Partnerships and Age Discrimination

The Employment Appeal Tribunal gave its judgment on the case of Seldon v Clarkson Wright & Jakes on 19 December 2008. This case concerns the application of the Age Discrimination law to a Partnership where a Partner (Mr Seldon) had been required to retire at 65 by virtue of his Partnership Agreement. In this article,… Read More >

New Guidance on Pre-packaged Sales in Administrations

On 1 January 2009, the Statement of Insolvency Practice 16 (E&W) titled “Pre-packaged sales in administrations” came into effect.  This SIP is one of a series of guidance notes issues to licensed insolvency practitioners, with a view to maintaining standards by setting out required practice and harmonising practitioners' approach to particular aspects of insolvency. Location:… Read More >

A Guide to Recovering Problem Fees

This is a practical guide to what you can do to improve your chances of recovering problem fees. The idea is that it can be used as the starting point for the management and efficient recovery of those fees. Location: UK

You've made one tiny mistake

I am constantly warning consultants against taking on absolute obligations, or indeed any obligation more onerous than to exercise the reasonable skill and care expected of their profession. Location: UK

Switch or ab initio novation – a review of the principles and the liability issues for consultants

Rachel Barnes' article “Assignment and Novation – as they affect Consulting Engineers” dated February 2003 dealt with the general principles. Since then, the debate in the construction industry has focused on the “switch” and “ab initio” forms. This review provides a guide to these two forms and their liability implications for consultants. Location: UK

Farewell to Financial Assistance … Almost

Companies involved in acquisitions or looking to restructure should celebrate the imminent demise of the prohibition on financial assistance including the whitewash procedure. The Companies Act 1985 prohibits companies from giving financial assistance for the purchase of shares in themselves but this will be repealed by the Companies Act 2006 in relation to private companies,… Read More >