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Commercial Newsletter

July 2019

Welcome to the Summer 2019 edition of our Commercial Newsletter

At Prettys we understand our clients’ commercial needs and imperatives: whether that is in securing and completing a commercial transaction on favourable terms, or in dealing with any litigation in which you may be involved “justly and at proportionate cost” (to use the wording in rule 1.1 of the Civil Procedure Rules).

We can offer a “one stop” shop for all your commercial needs: with specialists in commercial, property, employment and dispute resolution that can assist you in ensuring that matters are dealt with as expeditiously and cost-effectively as circumstances permit.

The following articles and case summaries are for guidance only and do not constitute specific legal advice.  If you have any concerns regarding any of the issues raised in these articles, or otherwise, please contact us for further information.

Also, if there are any topics that you would like to see featured in a future edition of our newsletter, please do not hesitate to let us know.

Kind regards,

Andrew Kinnison

Contents

Bank Demanding Repayment: Is it under an implied duty to act reasonably?

There is a massive difference between an employment contract and a (secured) loan agreement, or mortgage contract, between a bank and a commercial customer.  In an employment situation, parties may have unequal bargaining power.  In a commercial loan agreement the parties are much ... Read more

'PG Tips': Points to consider if you are asked to stand as a personal guarantor

The prospect of signing a legal document that provides a guarantee of someone else’s financial or other obligations, whether as part of a loan agreement or a lease, can potentially be very daunting, especially when considering the risks to your own financial position ... Read more

Getting Service Right

The Court of Appeal decision in Woodward v Phoenix Healthcare Distribution Limited [2019] EWCA Civ 985 is a cautionary tale.  There are specific rules in England & Wales (as there are in other jurisdictions) as to the manner in which, and the time within ... Read more

Drones and the Law

Thanks to technological advances, small unmanned/remotely piloted aircraft (or “drones” as they are more popularly known) are both inexpensive and easily available. However, anyone piloting a drone should be aware of the laws which relate to these aircraft and the liabilities which they ... Read more

What to do if you're in defective premises?

According to the English Housing Survey, over the last 20 years, the proportion of people renting properties has doubled, and one fifth of the UK population are now living in privately rented accommodation[1]. More accidents happen in the home than anywhere else, with 6000 ... Read more

Party Consent Needed For Alternative Dispute Resolution

We have seen over the past two decades a gradual push by the courts to promote mediation. In the recent case of Lomax v Lomax [2019] EWHC 1267 (Fam), an application was made for the court to order the parties to undertake forms of ... Read more

Andrew Kinnison

Senior Associate

e akinnison@prettys.co.uk

t 01473 298219

Matthew Cole

Employment Partner

e mcole@prettys.co.uk

t 01473 298221

Rebecca Palmer

Senior Associate

e rpalmer@prettys.co.uk

t 01473 298274

Peter Blake

Partner, Head of Construction & development

e pblake@prettys.co.uk

t 01473 298206

Graham Mead

Partner

e gmead@prettys.co.uk

t 01473 298234

Claire Barritt

Senior Associate

e cbarritt@prettys.co.uk

t 01473 298335

Louise Plant

Senior Associate

e lplant@prettys.co.uk

t 01473 298293

Michael Booth

Solicitor

e mbooth@prettys.co.uk

t 01473 298214

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