Walker Morris
Walker 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
Apr 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.)
Price escalation clauses in construction contracts
Nov 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
Nov 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 ...
Our People - Walker Morris
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FCA’s new Consumer Duty: What firms need to know - Walker Morris
Sep 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 to the introduction of the new Duty.
The basics of forfeiture explained - Walker Morris
Jan 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 ...
Freezing orders: A practical guide - Walker Morris
Nov 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.
Building Safety Act 2022: What leaseholders need to know
Jul 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 ...
Restrictive covenants on land: Lessons from recent cases - Walker …
Apr 13, 2023 · Section 84 applications: Recent case law on the discharge or modification of restrictive covenants. The Law of Property Act 1925 (LPA 1925) affords the Upper Tribunal (Lands Chamber) (UT) discretion to modify or discharge restrictive covenants affecting land if one or more of the grounds in section 84 LPA 1925 applies, namely: the covenant is ...