Articles

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Act 1985 prohibits companies from giving financial assistance for the purchase of shares in themselves but this will be repealed by the Companies Act 2006 in relation to private companies,… Read More >

A False Friend

In a recent article (13 June 2008, page 70) Tony Bingham enthusiastically welcomed the RICS standard and short forms of contracts for appointing consultants, and the clarity of the tick-box approach as a means of identifying what quantity surveyors and others are supposed to do. However, there are matters in the conditions to the standard… Read More >

A Slippery Slope

A recent order by a judge for a party to reveal its insurance details has sparked concern that such information could be requested all the time. In turn, this could lead to prejudice against the party that has to reveal this information in any further negotiations. Location: UK

Cover Confidential

This article examines West London Pipeline, June 2008, where the court declined to order disclosure of insurance details – departing from a decision in 2007 (Harcourt) where disclosure was ordered and is a follow-up to our piece on the Harcourt decision in 2007. The article will be of interest to the same readers. Location: UK