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event: First Friday Club

03 May 19
First Friday Club

Watson Burton LLP in conjunction with Constructing Excellence in the North East would like to welcome you to First Friday Club.

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legal alert: Payment before true valuation adjudication: Davenport Builders v Greer on S&T v Grove

28 Mar 19

Further to our previous article commenting on the importance of the recent Court of Appeal Decision in S&T v Grove to “smash and grab” adjudications, the Technology and Construction Court has now applied that Decision and commented in particular on the need to pay a smash and grab award before a true valuation adjudication can be commenced.

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legal alert: Brexit and the impact on your supply chain

26 Feb 19

With Brexit fast approaching it’s important to look at the risks Brexit poses to your supply chain and how to identify these risks. Although it is still uncertain what Brexit will look like and the impact it will have on your business and your supply chain, we have set out below how to assess the various risks and protect against them.

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legal alert: Illegal traveller sites update

20 Feb 19

The Home Secretary, Sajid Javid, has recently set out his vision for simplifying the process for removal of illegal traveller encampments. The proposed changes focus on consulting on the creation of a criminal offence in respect of setting up an unauthorised traveller camp, alongside providing additional funding to local authorities.

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features: ‘Darkening skies’ or a healthy outlook?

30 Jan 19

Duncan Reid, partner and head of the corporate team at Watson Burton, looks at what 2019 has in store for corporate transactional activity.

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legal alert: Brexit - Is your business ready?

09 Jan 19

You may be sick of hearing about Brexit or worried sick about it. Either way businesses in the UK need to be prepared for any possible outcome.

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legal alert: Green light for “true value” adjudications: Court of Appeal upholds Grove decision

03 Jan 19

S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448

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legal alert: The do’s and don’ts of the work Christmas party

11 Dec 18

It’s that time of the year when work Christmas parties are already in full swing and people are enjoying the opportunity to loosen up and celebrate with their colleagues. The lines between work and play invariably get blurred and people are known for doing stupid things. Here are our top do’s and don’ts to help ensure you and your colleagues get through the night unscathed.

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legal alert: Is veganism a “philosophical belief” under the Equality Act?

05 Dec 18

In the wake of the resignation of William Sitwell, the editor of Waitrose Food magazine, over disparaging comments on vegans, veganism is in the spotlight and on the rise.

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legal alert: Company found vicariously liable for brain injury caused after a Christmas party

20 Nov 18

In Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214, the Court of Appeal held a company was vicariously liable for an assault committed by its managing director on an employee after a Christmas party.

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legal alert: The dangers of using letters of intent

06 Nov 18

Case: Arcadis Consulting (UK) Limited v AMEC (BCS) Limited [2018] EWCA Civ 2222

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legal alert: New TCC guidance on “no greater liability” clauses in collateral warranties

11 Oct 18

Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)

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legal alert: The Enforceability of Force Majeure Clauses

04 Oct 18

Seadrill Ghana Operations Limited v Tullow Ghana Limited [2018] EWHC 1640 (Comm)

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legal alert: Internal Investigations - Re-establishing Legal Professional Privilege

07 Sep 18

The Court of Appeal has overturned a High Court decision and allowed a company’s claim of privilege over internal investigation documents sought by the Serious Fraud Office. The carefully crafted Judgment has curtailed the effect of other recent decisions which emphasised the difficulties of successfully withholding documents on the basis of legal professional privilege.

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legal alert: Case law update: tackling airspace in lease negotiations

22 Aug 18

Care is needed to ensure that utilities distributors negotiate and secure sufficient rights for their apparatus.

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legal alert: The validity of limiting liability in contracts

16 Aug 18

Saint Gobain Building Distribution Ltd (t/a International Decorative Surfaces) v Hillmead Joinery (Swindon) Ltd [2015] EWHC B7 (TCC).

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legal alert: Delaying the inevitable – preparing for cyber-attacks

14 Aug 18

A new combined court centre has been proposed in London, the primary focus of which will be cases relating to fraud, economic and cyber-crime (amongst others) and which will benefit from the wealth of specialist knowledge in the vicinity. However, what can be done to prevent matters getting that far?

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legal alert: Court of Appeal upholds TCC decision regarding concurrency and prevention

08 Aug 18

In the 2017 case of North Midland Building Ltd v Cyden Homes, the TCC held that the prevention principle did not apply and any right to an extension of time was wiped out because of concurrent delay caused by North Midland. The TCC held that the concurrency delay exclusion did not set time ‘at large’ and the prevention principle did not affect the enforceability of such a clause.

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legal alert: Are your post-termination restrictions enforceable?

07 Aug 18

Protecting your confidential information and customer goodwill has never been more important, particularly in an age where social media allows unparalleled, almost instant access to others in the commercial world and data theft is on the rise.

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legal alert: Can NEC interim assessments be revisited? Yes, they can.

02 Aug 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2018] EWHC 1577 (TCC)

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legal alert: Tied in a knot: managing Japanese knotweed

31 Jul 18

The Court of Appeal has recently handed down a significant decision in the case of Network Rail Infrastructure Ltd v Williams and another [2018] EWCA Civ 1514 relating to private nuisance and diminution of value from Japanese knotweed.

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legal alert: When can an Employer appoint itself as Project Manager?

26 Jul 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017] EWHC 1763 (TCC).

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legal alert: Philosophical belief and sanctity of copyright

23 Jul 18

A former employee of Mulberry who refused to sign a standard contract clause assigning copyright in her work to Mulberry has lost her appeal this week to the EAT.

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legal alert: NEC4 Alliance Contract – An Overview

18 Jul 18

The NEC has recently launched the much anticipated NEC4 Alliance Contract. Below we provide a brief overview.

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legal alert: Knowledge of the consequences of disability

26 Jun 18

The EAT has recently held that knowledge of the consequences of a disability is not required for claims of discrimination arising from disability.

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legal alert: Is asking a Moroccan Muslim employee whether he still supported Islamic State discrimination on the grounds of race or religion? Bakkali v GMB (South) Ltd

21 Jun 18

Mr Bakkali (who identified himself as of Moroccan origin and a Muslim) had a conversation with a colleague, during which he referred to comments made in a newspaper article about Islamic State Fighters being “confident and proficient fighters” and managing to run the country. The same colleague subsequently asked “are you still promoting IS?” which upset Mr Bakkali and resulted in an altercation. Mr Bakkali was subsequently dismissed for gross misconduct. He claimed that his colleague’s comment about IS was harassment because of race and/or religious belief and that he had suffered direct discrimination.

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legal alert: Injunctive relief – The importance of being full and frank

19 Jun 18

When a party makes a without notice application to Court for urgent interim relief, they are under a duty to give “full and frank” disclosure. Failing to comply in full with that duty can have serious consequences, which is exactly what happened in the recent case of Banca Turco Romana SA v Cortuk & Ors [2018] EWHC 662 (Comm), where a freezing order against three defendants was set aside.

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legal alert: ACAS ADVICE ON WORLD CUP

08 Jun 18

The World Cup in Russia is soon to be upon us with the tournament running from 14 June until 15 July 2018. Headaches of many varieties can occur during such major sporting events, whether alcohol induced or those created by more practical workplace issues. ACAS have recently published guidance to help employers identify and prepare for any such effect in the workplace.

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legal alert: TUPE warning for Multi Academy Trusts MATs

21 May 18

The EAT recently held, in Guvera v Butler and others, that a TUPE transfer had taken place following a share sale. In the ordinary course of events TUPE does not apply to share sales but, in this case, Guvera assumed day to day control of the music streaming service, Blinkbox. That day to day control “went beyond the mere exercise of ordinary supervision or information gathering” by a parent company and TUPE was held to apply.

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legal alert: Top 10 tips for companies looking for investment

21 May 18

When you have a viable business plan for your company and you know how much funding assistance you need, and what it will be used for, it is time to start looking for investors. Securing an investor is difficult and in a sense you are asking an investor to take a leap of faith in you and your company.

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