The key to forming a valid and enforceable contract is to ensure that there is clarity and mutual agreement at every stage of the process, from the original offer through to the final acceptance. Parties should understand what the terms of the contract are and when key stages of the formation process are achieved.
In this article, we explain key contract elements and best practice.
In the Philipp v Barclays Bank plc case, Mrs Philipp was deceived by a fraudster who posed as a representative of the FCA. This person persuaded her to transfer £700,000 from a joint account with Barclays Bank to a bank account in the UAE via Authorised Push Payment (APP) instruction.
This judgment clarifies the scope of the Quincecare duty owed by a bank to its customers, and specifically customers who are Companies, Trusts, Partnerships, and Joint Account Holders.
The courts of England and Wales have recently refused two different attempts to challenge the decisions made by company directors in relation to climate change risks. In this article, we look at the reasons behind these two decisions, and consider what they might mean for the ever-growing area of climate and ESG litigation.
The case of Mr and Mrs Chalmers v Diageo Scotland Limited [2018] CSOH 36; [2019] SLT 1184 concerned the “angel’s share” – the evaporated ethanol vapour from whisky casks – which it was claimed caused a black fungus (baudoinia compniacensis) to grow on Mr and Mrs Chalmers’ house and garden furniture. The couple claimed this constituted a legal nuisance, for which £40,000 was sought from Diageo, the operator of the neighbouring whisky aging facility in Bonnybridge, Stirlingshire.
The Queen of Soul, Aretha Franklin, passed away from pancreatic cancer at the age of 76 in 2018. Five years later, her estate is yet to be wound up due to the discovery of two informal writings which raised questions about the rightful beneficiaries of her estate and opened the door to a prolonged legal battle within her family.
The right to roam is a fundamental aspect of outdoor recreation, allowing individuals to freely explore and enjoy the natural environment. However, while both Scotland and England boast beautiful scenery, they have each taken a different approach to the public’s access to this landscape.
Global Switch Estates 1 Ltd (“GSEL”) engaged Sudlows Ltd (“Sudlows”) for various works at GSEL’s specialist data centre located at East India Dock House in London. Four adjudications were raised between the parties following disputes regarding various matters.
"The penalty for poor drafting is litigation" is a remark made by a Scottish judge in a recent property related dispute.
As slogans go, it's not bad. It's maybe not as catchy as Nike's "Just Do It" but it's a good one for real estate lawyers.
FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication.
Over the next twelve months, legal experts from our dedicated Environmental, Social and Governance Advisory Group are embarking on a series of webinars exploring different aspects of ESG and how they apply to your business and industry sector.