Archived Legal Articles from 2021

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Impacts on Construction Projects due to Supply Shortages


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…

Hidden "onerous" term not included into B2B contract


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…

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Secret Agents - A Licence to ?


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…

When is a collateral warranty a construction contract?


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…

The Building Safety Bill Introduced 05 July 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…

UKCA Mark Adoption Easement Announced


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…

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The Effect of Sectional Completion on Liquidated Damages


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…

A tale of two of City's transfers


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…

What is drop-shipping?


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…

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The IR35 and its impacts!


HMRC has recently extended the 'off-payroll working rules' - commonly referred to as the 'IR35 rules' - to the private sector, in order to tackle scenarios in which some contractors took advantage of the tax efficiencies of providing their services through a limited company or another…

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Modern day contract formation - the good, the bad and the ugly of email


Not so long ago, companies had to deal with mountains of paperwork, meetings always held in person, and communication both internally and externally was not so easy. These days, technology has helped businesses come a long way by simplifying and streamlining how we communicate and eliminating many of…

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National Apprenticeship Week


National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

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Boohoo acquires all intellectual property rights of Debenhams in £55m deal


Following going into its second administration in April 2020 and subsequently into liquidation shortly before the festive period, Debenhams is one of the latest victims of the impact of the pandemic and the accelerated shift to online retailing. Nevertheless, Boohoo, leading online fashion retailer…

IR35 changes are looming for medium and large private sector organisations


Following a 12-month postponement due to the impacts of Covid-19, the Finance Act 2020 received Royal Assent on 22 July 2020, meaning that the forthcoming reforms to the IR35 tax legislation for the private sector are now just a matter of months away. IR35 was first introduced in 2000 with the aim…

"Building after Brexit" - the impact of the deal on the construction sector


It is widely considered that the Brexit deal is preferable to what would have arisen in a no-deal Brexit, and the deal has been cautiously welcomed by many in the construction industry for providing some much sought-after clarity. Whilst the impacts of Covid are ongoing and are likely to be lasting, the…

Keep up with customers' changing habits


Many high streets and city centres were struggling under the weight of customers' shift towards online shopping even before the pandemic hit. However, by virtue of forced closures, social distancing restrictions, potential customers working from home rather than in offices near physical stores and a…

The Impact of Covid-19 on Competition Law


The leading case JD Sports Fashion plc v Competition and Markets Authority [2020] highlights the importance of regulators taking proactive steps to investigate the impact of Covid-19 on competition. Background · Following the merger of JD Sports and Footasylum in a £90 million-…

We have a deal - but what next?


Amid a busy festive period with the imposition of stricter lockdown measures and the approval of the latest Covid-19 vaccine was the news that a Brexit deal had been agreed. The deal, which was agreed on Christmas Eve, marked some form of conclusion to the Brexit process which has been ongoing since the…

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