Almost all commercial leases prevent the tenant from assigning the lease without obtaining consent from the landlord. Disputes often arise and landlords, in particular, have to act quickly. The consequences of making a late decision are often no better than making the wrong decision: in either case, the landlord may end up with an undesirable …
In certain organisations, ‘private client’ legal matters will raise important issues for lawyers and others who make decisions within their organisations, and are tasked with maintaining good governance of the organisation. The former generally arises in organisations that deal with financial matters for their clients; the latter where the business is family or owner-managed, as …
An essential part of any engineering or construction contract will be the contractor’s warranties as to the quality and standard of the works to be performed. Warranties are contractual assurances that aim to apportion risk and liability between parties, and give rise to a claim for damages if breached. They are often key points of …
Continue reading “What level of warranty has been given in ambiguous contracts?”
Ensuring the security and quality of electricity supply across the GB transmission system is a huge challenge. The responsibility for this sits with National Grid by virtue of its Transmission Licence (granted pursuant to the Electricity Act 1989) and a series of codes, including the Balancing and Settlement Code (BSC). An obligation to comply with …
Continue reading “A difficult balance: keeping the lights on ”
For most companies, doing business today more often than not involves some level of international dealing. Globalisation can be great for business. But conducting business internationally can mean being subject to the laws of several countries, as well as any national laws with extra-territorial effect for conduct overseas. Therefore, one act or omission by a …
As the dust settles on the most unpredictable general election in decades, it appears that very little has in fact changed. The immigration policy landscape looks remarkably similar to the way it looked in April. Following endless discussions about coalitions, agreements, hung parliaments and pacts, the Conservatives now have an overall parliamentary majority and have …
Continue reading “The post-election immigration policy landscape”
On initial lettings of commercial property it is standard market practice to allow the tenant an initial fitting out allowance, generally by way of a rent free period. This rent free period is intended, in theory, to reflect the tenant’s time and expense incurred in fitting out the premises but is rarely calculated by reference …
Continue reading “Rent free fitting out periods and s34 of the Landlord and Tenant Act 1954”
Readers may be aware that changes to court practice proposed under the terms of the Courts Reform (Scotland) Act 2014 are beginning to take shape. Although it will take some considerable time for the effects of the changes to be fully realised, a modest degree of interpretation suggests that the changes have the potential to …
Contractual terms granting discretion for a party to determine unilaterally the outcome of a matter in prescribed circumstances are not an uncommon feature in commercial contracts. In fact, such clauses can be immeasurably helpful in enabling the contracting parties to operate on a day-to-day basis without the need to refer continually to the other for …
Continue reading “Contractual discretion: how should it be exercised?”
With environmental considerations playing an increasingly important role in our everyday lives, it is perhaps surprising that, aside from the Green Party agenda, the sphere of environmental and energy policy took a relative back seat in the lead up to the 7 May 2015 general election. As the dust from the election settles, however, it …