News, articles & legal updates

Latest news and legal updates

Better late than never: delaying mediation

Refusing an invitation to mediate can be a risky approach In Halsey v Milton Keynes General, it was held that a successful party can be deprived of all or part of its costs if it unreasonably refused to agree to alternative dispute resolution (ADR). An established line of authority now...

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Clarke Willmott’s guide to buying and selling homes during Covid-19

Government advice Buyers and renters should delay moving to a new house. If you have already exchanged contracts and the property is currently occupied then all parties should agree a delay. If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people...

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Are your business terms and conditions sufficient?

Most businesses are being severely disrupted by the coronavirus pandemic. Once immediate concerns are resolved, many businesses may find they have more time on their hands to focus inwards on the internal policies and the contractual terms on which they operate. This time could be used as an opportunity to...

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The critical importance of construction throughout the coronavirus crisis and beyond

Priscilla Hall, Head of Clarke Willmott’s London office who leads the firm’s national Construction and Energy & Natural Resources teams, shares her thoughts on the government’s decision to allow the construction sector to continue working through the coronavirus emergency. The sector is exceptionally valuable to the UK economy and over...

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Coty Germany GmbH v Amazon Services Europe Sàrl

Summary On 2 April 2020, the European Court of Justice handed down its decision (Coty Germany GmbH v Amazon (C-567/18)) that Amazon would not be liable for infringing Coty Germany’s intellectual property rights where it had stored goods for a third party through its ‘Fulfilment by Amazon’ scheme. Coty, a...

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COVID-19 and property development agreements

A matter of timing Property development agreements comprise a series of events and as each is reached and satisfied, the project moves on: Obtaining planning permission Starting on site Completing works The coronavirus pandemic has the potential to affect the timetable at any of these stages. Obtaining planning permission People...

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The impact of the coronavirus pandemic on fertility treatment

On 23 March 2020, the Human Fertilisation and Embryology Authority (HFEA) issued General Direction 0014 (GD014) giving guidance on how licensed fertility centres should operate given the current situation regarding the coronavirus pandemic. Under GD014, fertility centres have been instructed to cease all treatment services by 15 April 2020 at...

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Practical tips for British nationals stranded abroad

There are hundreds of thousands of British nationals travelling around the world. We don’t know how many are travelling abroad at any one time, as the government doesn’t require citizens to register each time they leave the UK. Foreign Secretary Dominic Raab told MPs recently that the number of British...

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Coronavirus and force majeure clauses in construction standard form contracts

Recent government advice has put the UK into lockdown and we have been asked to avoid non-essential travel and increase social distancing. Similar restrictions are being made across the world as the impact of the coronavirus is felt by many nations. It is clear there will be difficulties in the...

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Updated Right to Work checks amidst the coronavirus pandemic

What to expect From 30 March 2020 right to work checks for employers have been temporarily adjusted due to the coronavirus pandemic. This is a welcome move that makes it easier to carry out the checks. It is important to understand that whilst the checks have been made easier to...

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