Commercial Legal Articles

Together we are Forbes

Impacts on Construction Projects due to Supply Shortages

05 Nov 2021

Following the uncertainty of the pandemic as well as other factors such as Brexit, congested transport routes, rises in shipping costs, labour shortages and even climate change, UK builders have been exposed to a world-wide surge in demand for essential materials. Construction companies have revived…

Commercial

Read more

Hidden "onerous" term not included into B2B contract

05 Nov 2021

In Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 a mobile phone supplier was not entitled to enforce a cancellation clause in its standard terms, since it was an overly onerous term which had not been fairly and reasonably drawn to the purchaser's attention before it had signed an order…

Commercial

Read more

Secret Agents - A Licence to ?

28 Sep 2021

In the recent matter of Tattersalls Limited v McMahon, the High Court examined the application of both agency law and the Companies Act 2006 (CA 2006) with regard to the potential liability of a company director. Background Douglas McMahon (the Defendant) was a co-founder of Bluecrest…

Commercial

Read more

When is a collateral warranty a construction contract?

27 Sep 2021

On a construction or engineering project, a collateral warranty is a contract between a person with an interest in the project (other than the client or employer) and a person who is involved in the project's design, management or construction. In the previous case of Parkwood Leisure Ltd v…

Commercial

Read more

The Building Safety Bill Introduced 05 July 2021

15 Sep 2021

On Monday 5 July 2021, information relating to the Building Safety Bill was published including various supporting and explanatory documents and some draft regulations. The Bill, once passed, will introduce new and enhanced regulatory regimes for building safety in England and Wales and for construction…

Commercial

Read more

UKCA Mark Adoption Easement Announced

13 Sep 2021

It has been announced that UK firms will have an additional year to apply new post-Brexit product safety marking rules. While many firms have been using the new UK conformity assessed (UKCA) markings since 1 January 2021, companies had previously faced a 1 January 2022 deadline to switch from…

Commercial

Read more

The Effect of Sectional Completion on Liquidated Damages

24 Aug 2021

The Technology and Construction Court (TCC) have, in Eco World - Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd, recently held that a liquidated damages clause was neither void nor unenforceable as a result of a contract permitting the partial take over by the employer without a mechanism for reducing…

Commercial

Read more

A tale of two of City's transfers

10 Aug 2021

Over the past fortnight, the transfer sagas of two footballers from their respective clubs to Manchester City have outlined the importance of a written contract. On the one hand, we have the completed £100 million transfer of Jack Grealish from Aston Villa to City; on the other the frustrated…

Commercial

Read more

What is drop-shipping?

05 Aug 2021

Drop-shipping is a form of supply chain management, whereby a secondary retailer (the "drop-shipper"), typically taking the form of an online e-commerce platform, accepts a customer's order and, rather than holding the necessary stock to fulfil such order, it relies upon the primary…

Commercial

Read more