Walker Morris
WEBWalker Morris is a collection of diverse, talented, and specialist lawyers and professionals who provide highly tailored, long term, strategic legal advice to clients around the world. We encourage all our people to propose ideas, carry an entrepreneurial spirit, and to use lateral thinking and innovation to elevate our clients to greater success.
Breach of contract: What is a 'material' breach? - Walker Morris
WEBApr 21, 2023 · Breach of contract: Back to basics. The basic, common law position [1] is that a contract can only be terminated if the actions of a breaching party go right to the core of the contract and substantially deprive the innocent party of the benefit the contract was intended to confer. (Such a breach is also known as a repudiation, or a repudiatory breach.)
Restrictive covenants on land: Lessons from recent cases - Walker …
WEBApr 13, 2023 · Section 84 applications: Recent case law on the discharge or modification of restrictive covenants. The Law of Property Act 1925 (LPA 1925) affords the Upper Tribunal (Lands Chamber) (UT) discretion to modify or discharge restrictive covenants affecting land if one or more of the grounds in section 84 LPA 1925 applies, namely: the covenant is ...
Warranties and/or representations, and why it matters
WEBNov 24, 2016 · There is an important distinction between warranties and representations in English law and whether you want to give either or both of these to your counterparty will depend on your bargaining position and will differ from case to case. The High Court has recently highlighted this distinction in its analysis of the terms of a sale and purchase ...
FCA’s new Consumer Duty: What firms need to know - Walker Morris
WEBSep 8, 2022 · FCA’s new Consumer Duty: What firms need to know. 8th September 2022 . On 27 July 2022 the FCA published its Policy Statement and Guidance on the new Consumer Duty that will require higher standard of customer care. Please see our earlier briefings for information on the consultation processes which led …
Contract formation: What constitutes acceptance? - Walker Morris
WEBNov 24, 2016 · Acceptance is final and unqualified assent to an offer which must correspond exactly with the offer, with no variation of the terms. If, as in this case, a purported acceptance does not match the terms of the offer, then no contract is formed and, instead, a counter-offer is made. A common upshot in the commercial context is …
Misrepresentation claims: An essential update and practical advice
WEBA misrepresentation is: an untrue statement of fact or law; of which a party is aware (this criteria represents a recent development in the law of misrepresentation. See below for more information); upon which a party relies in being induced to enter a contract; and. which thereby causes the relying party to suffer loss.
is it the right structure for you? - Walker Morris
WEBThe need for a Charitable Incorporated Organisation structure. Regulations giving effect to the Charitable Incorporated Organisation were approved on 3 December and come into force on 3 January. The Charity Commission is now accepting applications for registration of ‘brand new’ Charitable Incorporated Organisations with incomes of over £ ...
Price escalation clauses in construction contracts
WEBNov 25, 2022 · A price escalation clause (or ‘cost escalation clause’) is a contractual mechanism that facilitates the contractor passing on increased overheads to the employer. The contractor retains the ability to adjust the contract price in line with the fluctuating costs of raw materials in the market and other elements of the works at the time ...
Leasehold and Freehold Reform Act 2024: The “need to know”
WEBJul 2, 2024 · The Leasehold and Freehold Reform Act (LAFRA) was enacted on 24 May 2024. It’s intended to improve the rights of residential long leaseholders in England and Wales. Following announcement of the General Election, the legislation was passed shortly before Parliament was dissolved. That meant it was …