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Statutory dismissal procedure: timing of step 1 letter

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 6 2009

It is not a breach of the statutory dismissal procedure to announce an intention to make an employee redundant prior to sending the step 1 letter

The use of "without prejudice except as to costs" offers as a dispute resolution technique

  • Herbert Smith Freehills LLP
  • -
  • Japan, United Kingdom
  • -
  • April 10 2009

One of the key factors that must be taken into account when deciding whether to pursue a claim is the potential legal costs involved

Ignore notice requirements at your peril

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 15 2009

Most construction and engineering contracts require the contractor to give notice to the employer of events or circumstances when they happen as the first step in the process of claiming an extension of time andor additional cost

Exclusion clauses part 2: recent developments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 15 2009

This is the second of a two part series on exclusion clauses in English law

Excluding liability for consequential loss and loss of profits

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 15 2009

In construction and engineering projects, the financial consequences of a breach of contract may be considerable in the worst case an employer may suffer extensive losses, including loss of profits, loss of business and loss of revenue

Contractual notices: defeating the prevention principle

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 15 2009

In last month's Construction Disputes Avoidance Newsletter we considered the operation of the prevention principle, what it means for time to be 'at large' under a construction contract, and how a time at large situation can be avoided by a properly drafted extension of time clause

Terminating contracts for "material breach"

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2009

In our March 2007 newsletter, we examined the English law position in relation to clauses which entitle a party to terminate a contract in the event of a "material breach" by the other party

Basic principles of liquidated damages

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 22 2010

In this newsletter we explore some of the important principles behind liquidated damages under English law

Is the credit crunch an event of force majeure or frustration?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 30 2009

We have received a number of enquiries in recent months about the extent to which contractors can argue that a construction contract should be renegotiated (or even terminated) to take into account the increased cost, or reduced availability, of finance for major projects as a result of the global financial crisis

Liquidated damages clauses unenforceable as penalties

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 24 2010

In our last newsletter we discussed the basic principles of liquidated damages clauses