The Commercial Agents Regulations – The Commodity Market Exception

The Commercial Agents Regulations – The Commodity Market Exception

16 January 2019

A commercial agent is a self-employed intermediary with continuing authority to negotiate the sale or purchase of goods on behalf of another person. Commercial agents have special protection in law under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations). Most significantly, the Regulations provide that if a principal terminates a commercial agency, the usual position is that the commercial agent is entitled to compensation.

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Don’t Be Late! Court finds a genuine mistake is no justification

Don’t Be Late! Court finds a genuine mistake is no justification

16 January 2019

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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What’s settled in the board room stays in the board room.  Or does it?

What’s settled in the board room stays in the board room. Or does it?

16 January 2019

The Court of Appeal has handed down another significant judgment on the topic of legal professional privilege. In WH Holding Ltd & Anor v E20 Stadium LLP , the Court clarified that litigation privilege does not extend to purely commercial communications within a company discussing proposals for settlement.

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‘Practical Completion’ – Is your definition practically complete?

‘Practical Completion’ – Is your definition practically complete?

16 January 2019

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer.  The term is almost universally used in the construction industry, yet, despite its significance, is not legally defined and is readily left undefined in building contracts.  What then does the term PC actually mean?

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Collateral purpose or collateral damage?

Collateral purpose or collateral damage?

16 January 2019

The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party.

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Funding litigation – there are plenty of options

9 January 2019

In the UK, developments in how litigation is financed means that there are now more funding options for prospective litigants than there have ever been, and the size of a claim is not necessarily a bar to obtaining third party finance. Litigation partner Steven Mash provides an outline of those funding options.

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Professional negligence for gratuitous services

6 December 2018

In Burgess & Anor v Lejonvarn [2018] EWHC 3166 (TCC), the Technology and Construction Court (TCC) has rejected a negligence claim against an architect for gratuitous services which she provided for her friends in connection with a landscape gardening project.

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Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

6 December 2018

On appeal to the High Court has held that an entire agreement clause that did not expressly exclude liability for misrepresentation was not effective in excluding misrepresentation claims.

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Dispute Resolution

In the international business world there are, inevitably, times when agreements are broken, contracts breached and legal action is required to protect assets or compensate loss.

We understand that commercial disputes, regardless of their complexity or the losses involved, can disrupt business and be a drain on resources. We are able to help our clients identify problems, implement solutions and resolve disputes efficiently and achieve the best possible outcomes through negotiation, arbitration, adjudication and, where necessary, court litigation.

Our advice is always candid, realistic and clearly communicated, focused on helping our clients understand the options available to them so that they may make the best decision to support and further their business interests.

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