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.)
New Code for Completion by post - Walker Morris
WEBThe Law Society has now published a new Code for Completion by post (“the Code”), which will come into effect on 1 May 2019. The changes follow the Court of Appeal ruling in the 2018 Dreamvar [1] case, which reinforced the position that it is incumbent on a seller’s solicitor to detect a fraudulent seller. The Code has evolved to deal ...
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 …
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 …
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 ...
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.
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 £ ...
The basics of forfeiture explained - Walker Morris
WEBJan 24, 2014 — The ability to forfeit enables a landlord to re-enter their property following a breach by the tenant, and by doing so, terminate the lease. Depending upon the reason for forfeiture, termination can take place with immediate effect, or following a period of notice. In order to be able to forfeit a lease, a landlord will firstly need to ...