In our e-bulletin of 26 February 2010 we reported on the High Court's decision in Good Harvest, which tackled some difficult questions about enforcement against leasehold guarantors after an assignment.
Good Harvest case settles before appeal
Popular related articles
-
Non-disclosure agreements - avoiding a damages claim (Mills & Reeve LLP)
A recent Privy Council case serves as a reminder that businesses may be able to claim compensation for breach of a non-disclosure agreement even if they cannot show any demonstrable loss.
-
Perpetual licences are not forever (Mills & Reeve LLP)
The High Court holds that "perpetual" licences are, unlike diamonds, not necessarily forever.
-
Buyer beware (of your own standard terms) (Reynolds Porter Chamberlain LLP)
The case of Yuanda (UK) Co Ltd v WW Gear Construction Limited ([2010] EWHC 720 (TCC) 13 April 2010) provides a stark reminder that companies need to take into account the Commercial Debts (Interest) Act 1998 when setting interest rates for late payment.
-
French law - no trust means no benefits (DMH Stallard LLP)
A recent case illustrates the sort of unanticipated problem that can arise as a result of owning property abroad.
-
Disciplinary process permitted during grievance process (Salans)
Employer should be permitted to proceed with a disciplinary process before completing a grievance appeal unless there is some clear evidence of unfairness or an "uncompensatable prejudice".
-
Non-disclosure agreements - avoiding a damages claim (Mills & Reeve LLP)
A recent Privy Council case serves as a reminder that businesses may be able to claim compensation for breach of a non-disclosure agreement even if they cannot show any demonstrable loss.
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
The genie is back in the bottle: High Court decides that ‘terms’ means ‘terms’ (Freehills)
The High Court of Australia has unanimously dismissed the appeal by Public Trustee of Queensland against the Queensland Court of Appeal’s judgment in Re Octaviar Ltd (No 7) [2009] QCA 282 (the Court of Appeal Decision).
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
Perpetual licences are not forever (Mills & Reeve LLP)
The High Court holds that "perpetual" licences are, unlike diamonds, not necessarily forever.
-
French law - no trust means no benefits (DMH Stallard LLP)
A recent case illustrates the sort of unanticipated problem that can arise as a result of owning property abroad.
-
Developer-2, purchaser-0 (MacRoberts LLP)
Following our e-update on 17 August discussing Malcolm Snowie (and others) v Museum Hall LLP - "Developer-1, Purchaser-0; another failed attempt to avoid completion" , a sheriff court decision of 27 August rejected another (inventive) attempt by a purchaser to resile.
-
Lender considerations when GSA is a tenant (McGuireWoods LLP)
When a lender considers foreclosure or exercising its rights to receive an assignment of the rents on a commercial property with traditional tenants, the following checklist for pre-foreclosure due diligence is fairly standard.
-
New discrimination provisions (Mills & Reeve LLP)
The main provisions of the Equality Act 2010 are due to come into force in October of this year.
-
Advice finds planning consultant guilty of environmental offence (Blake Dawson)
A planning consultant and his company have been found guilty of giving advice that led to the destruction of the habitat of a threatened species, the koala.
-
The City Inn decision – a common sense approach to concurrent delays? (Herbert Smith LLP)
On 22 July, the Scottish Inner House (appeal court) in City Inn v Shepherd Construction handed down a significant judgment on an important issue relating to the assessment of concurrent delays in awarding extensions of time.
-
A breathing space for distressed companies: proposals for a statutory restructuring moratorium (Herbert Smith LLP)
The Insolvency Service recently opened a consultation (the "Consultation") on its proposals for a restructuring moratorium.
-
Testing the water – the new FIDIC sub-contract (Herbert Smith LLP)
The International Federation of Consulting Engineers ("FIDIC") has recently produced a test edition of a new set of Conditions of Subcontract for Construction for Building and Engineering Works Designed by the Employer (the "Test Edition").
-
Overpayments of benefits: when can a beneficiary keep the overpayment? (Herbert Smith LLP)
In a perfect world, pension scheme trustees would always pay the correct amount of benefit to the correct beneficiary at the correct time.
-
An end to wheel clamping on private land? (Herbert Smith LLP)
The coalition government has recently announced its intention to ban wheel clamping on private land in England and Wales.
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.