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.)
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 …
Freezing orders: A practical guide - Walker Morris
WEBNov 30, 2015 · A freezing order [1] is an interim injunction which restrains a defendant or potential defendant from disposing of or dissipating assets. A freezing order is typically obtained by a claimant or potential claimant who wishes to ensure that a [potential] defendant’s assets remain available pending the enforcement of a court judgment.
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 £ ...
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 ...
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.
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 ...
New Fixed Costs Regime in civil litigation: What you need to know
WEBAug 10, 2023 · The Topline. “Extension of the FRC regime in civil litigation – where the costs recoverable by the successful party from the unsuccessful party are set or ‘fixed’ – is imminent. The regime will extend to apply to most claims with a value up to £100,000. Parties intending to bring or defend such claims should be aware of this change ...
Building Safety Act 2022: What leaseholders need to know
WEBJul 13, 2022 · Building Safety Act 2022: What leaseholders need to know. 13th July 2022 . The Building Safety Act 2022 (the Act) received Royal Assent on 28 April 2022 and we provided an overview of the key elements of the Act after the final published version became available.. In this briefing, Construction & Engineering experts Paul Hargreaves and Sue Harris focus and expand on those aspects of the new ...