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Limits on liability are one of the most common and heavily negotiated clauses in a commercial contract. If you are negotiating business terms and think to yourself ‘the limit does not exist’ (IYKYK) that’s your red flag to look at your limitation of liability clause. What is a limitation of liability
Read MoreWe’ve been refreshing our memories on Part 8 claims and when to use this procedure… we all need to blow away the cobwebs now and again! Now that we’re refreshed, let’s summarise for you. The Part 8 procedure is an alternative to the usual Part 7 path. It’s considered a simpler route to resolving disputes that don’t have multiple issues to be...
Read MoreHere at Sewell Law, we work with lots of Directors and decision makers. Directors come in all shapes and sizes. There is no exam to pass or qualification to take before being appointed a Director. Sometimes Directors do not fully appreciate the duties and obligations on them. This can lead to a Director finding themselves in hot water and needing...
Read MoreCan you see why this may be a problem? Let me explain what this might look like in practice. Party A sends a purchase order attached with their standard terms. Party B accepts this purchase order and also sends their companies standard terms.
Read MoreNow that we've said goodbye to 2024, let’s take a quick look at some notable cases last year. Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41 In the past, many government departments allowed their employees to pay union fees directly from their salaries through a...
Read MoreDo you know in English law there is no formal definition of what constitutes a contract? It could best be described as a legally binding agreement between at least two parties. There are five elements which must be satisfied for there to be a legally binding contract. 1. Offer.
Read MoreBig or small, established or start up, unpaid invoices are a cash flow killer to businesses but apart from repeatedly chasing payment, what can you, as the creditor, do? Here are a few things to think about. 1. Know who you are getting in to business with! It’s important to check whether the arrangement between the parties is subject to any...
Read MoreThe notion of reciprocity is the core of contract law and this is the main feature that distinguishes a contract from a deed or a gift. Consider a situation where a person loans a sum of money to a friend, colleague or family member. The parties may informally agree on a repayment plan. If the arrangement is not documented or witnessed there is...
Read MoreYou need to seek legal advice . . . and quickly. We often see a situation where a manager or senior employee who has been with a business for several years decides to jump ship and set up in competition. In this digital age, employees now have access to more information than ever before – client lists with full contact details, confidential...
Read MoreWe are often asked by shareholders and directors whether they can be made liable for the debts of their limited company. It is a long established pillar of English law that a limited company has its own legal identity. This means that each limited company is its own “person” separate to its directors and shareholders. A limited company can enter...
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