Doctrine of Strict Compliance Not Applicable to Demand Guarantees

Nichola Coghlan

It is “hallowed law” that a bank can refuse to pay out under a letter of credit where the beneficiary’s demand contains “trivial or insignificant defects”. As far as letters of credit are concerned, “here is no room for documents which are almost the same, or which will do just as well.” However, the High ...

Autonomous vehicles – who is in the driving seat?

Laura McKee

The UK government predicted in its budget in November 2017 that the driverless vehicle industry would be worth £28 billion to the UK economy by 2035 and that fully functional automated vehicles would be on the roads throughout the UK by 2021. Hailed by many as the next step in the digital revolution, the development ...

How Do I Handle It – Dress Code Dilemmas

Rachel Richardson

I am the HR manager of a chain of restaurants.  I have recently received a complaint from a member of staff who claims that she was forced, by her manager, to wear high heels as part of her uniform.  She is a waitress and there is no dress code in place in the business.  How ...

How Do I Handle It? – “Not On My Site”

Patricia Rooney

By Employment Director, Patricia Rooney.   We have a number of service contracts with large organisations in Northern Ireland.  One of our major clients has asked us to remove our employee from their site.  The client has not complained about the employee’s work performance but instead about allegations of criminal activity against the employee, which ...

How changes to EPC regulations in 2018 will affect your properties

In order to achieve the UK’s legislative targets, CO2 emissions from all buildings must be ‘close to zero’ by 2050. This implies, in the longer term, UK buildings will need to reach energy efficiency standards close to an “A” Energy Performance Certificate (EPC) rating. In 2013, 18% of non-domestic properties were in the very lowest ...

Interviewing A Potential Employee – How Do I Handle It?

Jack Balmer

By Employment Solicitor, Jack Balmer. I am responsible for our recruitment and selection processes, and am concerned about the diversity of our workforce. I don’t want our company to miss out on the best talent because of unfair assumptions made by an interviewer. How do I handle it? The interview is the final hurdle in ...

Case Update: Warranty Claims and Procedural Pitfalls

Desmond Carr

The crucial importance of complying with the precise terms of a share purchase agreement (SPA) when making a warranty claim was brought into sharp focus recently in Teoco UK Limited v Aircom Jersey 4 Limited EWCA Civ 23. The buyer Teoco purchased the target company from the seller Aircom for £41m by way of ...

EU Data Protection law & USA – Make America G…DPR Compliant

Paul Eastwood

By Contracts and Technology Solicitor, Paul Eastwood.   Whilst that title may not look catchy on a nice red hat, the EU’s incoming data protection law (the General Data Protection Regulation or GDPR, effective from 25 May 2018) is very much being noticed by businesses in USA, with more than 75% of respondents to a ...

Adjudication: no more “smash and grab”

Michael McCord

The “smash and grab” Adjudication will be familiar to those working in the construction industry. It goes like this. Contractor makes application for payment. Employer fails to serve valid Pay Less Notice. Contractor calls up an Adjudicator. Adjudicator awards payment to the contractor because there was no valid Pay Less Notice served. It is called ...

Judicial Review: Belfast City Council v Planning Appeals Commission 23 February 2018

Luke Thompson

On Friday 23 February 2018 Mr Justice McCloskey issued Judgment on an application for Judicial Review brought by Belfast City Council in respect of a decision by the Planning Appeals Commission to grant planning permission for a student housing development in Belfast. This decision will have important ramifications for all Councils in relation to how ...