26 February 2015
The Court of Appeal recently dismissed appeals brought by Balfour Beatty and Enterprise following the death of a member of the public driving through a temporary traffic management system on the A50. The case reaffirmed some well-known principles but is a timely reminder of the factors considered in health and safety prosecutions.
25 February 2015
The High Court has today handed down the judgment in one of the most significant pensions cases in the last 12 months. The case has clarified the widely held view that trustees of pension scheme must act in the best interests of the members of the scheme in all decisions they make.
24 February 2015
The recent decision in MSC Mediterranean Shipping Co SA v Cottonex Anstalt (2015) has cast doubt on the ongoing recoverability of liquidated damages following a repudiatory breach of contract.
13 February 2015
Buyers need to obtain appropriate surveys and need to be aware that Sellers have a right in some circumstances to issue a notice to complete the sale, even if issues arise and the Buyer no longer wants to. We look at a case serving as a valuable reminder of the need to take professional advice when buying properties.
10 February 2015
Burges Salmon has been appointed by the Financial Services Compensation Scheme (FSCS) to its newly created legal panel. The firm will provide FSCS with a range of legal services and is one of eight firms appointed to the panel, which FSCS will utilise to manage the majority of its legal advice and representation.
06 February 2015
It was announced on 6 February 2015 that the long-awaited Public Contracts Regulations 2015 (SI 2015/102) will come into force on 26 February 2015, replacing the Public Contracts Regulations 2006.
02 February 2015
It may come as a surprise to some but until very recently no case had raised the duties of Companies House to register company information correctly. However, the High Court has now held in Sebry v Companies House that Companies House does owe a duty of care in negligence to companies in respect of information it places on the Register of Companies (the "Register").
28 January 2015
Where does a boundary run where there is a lane, hedge and ditch between two properties and what rights do the owners of those properties have to use the lane? In Gilks v Hodgson, both sides incurred costs far in excess of the value of the land to establish where their boundaries and rights lay.
23 January 2015
Further to our recent briefing Should I Stay or Should I go? (Revisited) where we commented on the maintenance of an automatic suspension in the case of Edenred (UK Group) Ltd v Her Majesty’s Treasury, HMRC and NSI  EWHC 3555 (QB), an expedited trial has now taken place. The Court ruled on 22 January in favour of HM Treasury and commented on the area of material variation and direct awards to public sector bodies.
21 January 2015
When tax advice is misleading or fails to identify an alternative which would involve a lower payment, how much is a taxpayer entitled to be compensated? What if the alternative is an untested tax-efficient structure and there are doubts about whether HMRC might permit it?
29 December 2014
Implied terms are once again in the spotlight after the Supreme Court has granted permission to appeal the Court of Appeal's decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another.
19 December 2014
If a shareholder does not own a controlling interest in a company, it or s/he will be vulnerable to the management of the business by the majority. What remedies are available should the company, for example, unfairly choose not to pay dividends; unfairly diminish the value of its shares; or unfairly dilute the shareholding of existing members?
18 December 2014
The High Court recently published its judgment in the case of Polypearl Ltd v E.On Energy Solutions Ltd EWHC 3045. The case was a preliminary issue on the interpretation of the exclusion clause.
12 December 2014
Globalisation and the advancement of technology have made English law on copyright infringement increasingly complex and difficult to navigate. We look at the case of Omnibill v EGPSXXX Ltd. and R. A. Carter.
05 December 2014
Businessmen who insist on warranties in sale agreements may not know the limitations on the protections they are getting.
04 December 2014
A defendant may often find that another person caused or contributed to the loss which the claimant is trying to recover from it. If so, the defendant will want to seek a contribution from that third party for the payment of any damages the claimant is awarded or towards any settlement.
13 November 2014
When a health and safety prohibition notice is issued against more than one person, can a party who exercises no direct control over the activities appeal it?
04 November 2014
The Court of Appeal in Tchenguiz v SFO was not impressed by Counsel choosing to lodge almost 100 pages of 'summarised' argument contrary to the rules, the principles of good written persuasion and the advantages of brevity.
21 October 2014
Businesses notifying potential negligence claims to their insurers may anticipate that the same events could lead to other claims or costs.
20 October 2014
Under what circumstances are you entitled to your costs of the litigation? Refusal to mediate is a relevant factor which the Court will consider in deciding which party should pay the legal costs of the proceedings. We look at the case of Northrup Grumman v BAE Systems.
16 October 2014
Partnerships which are breaking up face a series of urgent problems – particularly where the business itself is becoming insolvent. These difficulties can be amplified by failing relationships between the partners (who have to work together to wind up the business) and the potential need to realise assets rapidly to stave off the appointment of liquidators.
15 October 2014
The recent case of Chweidan v Mischon de Reya is a good example of how the principle of loss of opportunity can reduce an apparently high value claim to a relatively modest damages award – especially in cases where the claimant has been denied the opportunity to bring a claim, so-called "lost litigation".
07 October 2014
What can you do if you suspect that a party on the other side has fabricated electronic documents, including emails and invoices? This can happen when disputes arise and evidence begins to appear which does not match your knowledge of the actual events. In such cases you need to ask the court for permission to investigate the origins of such documents.
01 October 2014
The government is merging four of Defra’s Food and Environment Research Agency (FERA) inspectorates with the Animal Health and Veterinary Laboratories Agency (AHVLA) to form a new combined agency.
16 September 2014
On 4 September 2014 the final version of the Elliot report into food integrity and assurance of food supply networks was published. The report was commissioned by the government in the wake of the horse meat incident last year which had highlighted the importance of a transparent food chain.
04 September 2014
The Financial Reporting Council (FRC) has agreed to settle disciplinary action brought against Mazars and one of its partners, Richard Karmel for a total of £2 million – the largest out of tribunal settlement made by the FRC.
01 September 2014
The FCA has been allowed to change the grounds on which it banned an insurance broker, after having had to accept that its original reasons were flawed.
21 August 2014
The courts have been considering who, if anyone, is liable to a customer when CHAPS transfers go wrong. In July 2014, the Court of Appeal handed down its decision concerning accuracy of CHAPS payment requests in Tidal Energy Limited v Bank of Scotland.
21 August 2014
The Financial Conduct Authority (FCA) fined an insurance firm £8.4 million this month for failing to treat customers fairly over the sales by outsourcing companies of accident insurance. The fine is a reminder to all companies who outsource functions that they are under a duty to oversee outsourcing companies and ensure they comply with all relevant regulatory requirements.
12 August 2014
Burges Salmon's Sport sector experts advised the New Zealand eventer, who was acquitted by the Fédération Equestre Internationale of any malpractice in relation to his horse Clifton Promise.
08 August 2014
On 18 July 2014, an Arbitral Tribunal sitting in The Hague under the auspices of the Permanent Court of Arbitration (PCA) handed down a historic final award in the decade-long dispute opposing three majority shareholders of the now defunct Yukos Oil Company to the Russian Federation.
14 July 2014
The Court of Justice of the European Union (CJEU) has ruled that it may be possible for a retail store layout to be registered as a trade mark.
11 July 2014
The English courts have historically shown some reluctance to enforce agreements to “negotiate” or engage in “discussions” where these are conditions precedent to commencing arbitration or litigation.
20 June 2014
The European Commission is investigating whether the UK's 'traffic light' food labelling is compatible with EU law, following Italy's complaint that it is an illegal bar to free trade. The investigation highlights the tensions that can exist between food policy in some member states and the wider trade interests of the EU.
13 June 2014
Given the increasing caseloads being handled, courts are keen to establish a fair approach to disposing of unmeritorious claims at an early stage. In doing so, the courts have been careful to tread a consistent line between the needs of effective administration of justice and courts and the litigant’s right of access to courts.
10 June 2014
The Serious Crime Bill referred to in the Queen’s Speech on 4 June has now been published. It contains various measures aimed at tackling serious organised crime, strengthening powers to seize the proceeds of crime and protecting vulnerable women and children.
23 May 2014
The Law Commission's final report on its proposals for reform in the area of groundless threats concludes that protection against groundless threats in relation to patents, trade marks and design rights should be retained, but reformed.
16 May 2014
When minority shareholders are at loggerheads with the company, tough decisions often have to be made in short timescales and the relationship can quickly become poisonous.
08 May 2014
On 28 March 2014, the ORR published findings from its research on disabled travellers’ awareness of the assistance available when travelling by rail.
02 May 2014
Burges Salmon is pleased to announce that it has promoted Sian Edmunds, from the firm’s Food, Farming and Land team, to partner. The promotion, effective from 1 May 2014, reflects the firm’s continued growth in the Food, Farming and Land sector.
29 April 2014
Besso Ltd, a Lloyd's broker, joins Aon, Willis and JLT Specialty in being fined by the FCA for anti-bribery systems and controls failings, as part of the FCA's continued targeted enforcement in this area.
25 April 2014
Commercial parties invariably place a higher value on the confidentiality of their documents than the courts appear willing to tolerate. Commercial parties in court litigation should expect at least some erosion of confidentiality in their documents.
24 April 2014
A dispute arose in relation to IT and business process services provided to the DVLA by IBM. IBM subcontracted the day to day activities in relation to the IT infrastructure to Fujitsu whilst retaining responsibility for IT transformation and strategy.
09 April 2014
Burges Salmon's acclaimed Sport team has secured a successful outcome for its client, Prodrive Holdings Ltd, in the Court of Appeal.
08 April 2014
A party in court proceedings will need documents to support its case. It, and its opponent, will invariably have some of those documents and will have to provide them. But what if relevant documents are also (or principally) held by a third party? Can that third party be made to provide its private documents?
01 April 2014
Despite a lot of words being poured out on the subject, the basic principle that contracting parties do not automatically (ie without express contractual words) owe each other an obligation to act reasonably is still true in most cases. However, if you have a contract which expressly requires you to act reasonably, how this affects your freedom to act will depend upon the exact wording.
28 March 2014
In February 2011, Andrew Olins' dream to own and drive a Bristol 405D drophead coupe looked like it was going to come true. He saw an advert from Bristol Cars offering a 405 as a restoration project and agreed to buy the car and pay for the works.
27 March 2014
Parties facing a dispute are usually well advised to try to reach an agreement to avoid it. However, a solution that is too imaginative can backfire. If part of a deal is something the courts cannot enforce, then, at best, that part of the settlement will not be binding.
20 March 2014
Burges Salmon has made up four new partners in the key growth areas of Banking, Employment, Financial Services and Food, Farming and Land.
20 March 2014
First Great Western has successfully upheld the legality of a permit scheme introduced at Temple Meads station in 2012 following the Court of Appeal’s confirmation of the High Court decision.
14 March 2014
Dispute Resolution specialists from leading UK law firm Burges Salmon have contributed to a podcast for online CPD training course, CPDcast.
14 March 2014
In transport industries, accident reports are prepared by independent agencies to investigate the causes of incidents with the aim of avoiding future repetition. A recent decision in the Court of Appeal supports the view that such reports provide valuable independent analysis of the facts and consequently can and should be used in subsequent court proceedings of any type.
10 March 2014
Where a supplier’s breach of contract could make you breach your own contracts and potentially become insolvent, you might reasonably hope to convince a court to stop the supplier acting until after you have obtained a ruling on the breach. However, the high court in AB v CD (3 Jan 2014) recently refused to grant an injunction in such circumstances.
10 March 2014
Parties who negotiate contracts but choose not to sign them when the moment comes usually expect not to be bound. However, the courts are finding binding contracts have arisen in such circumstances.