Commercial update: Professional negligence – Solicitors’ duty to warn of risks incidental to their retainer
When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP  EWCA Civ 2347.
Richard is a Commercial Law barrister specialising in professional negligence and business disputes.
Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract
When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH  EWHC 2765 (Comm).
Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.
3PB barrister Sarah Clarke analyses the latest employment law cases, covering:
• What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth  EWCA Civ 1436
• When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ
• Can a dismissal for a first offence of serious (not gross) misconduct ever be fair? Yes, says the EAT: Quintiles Commercial UK Ltd v Barongo UKEAT/0255/17/JOJ
• Supreme Court has upheld previous decisions that an ostensibly ‘self-employed’ plumber was in fact a ‘worker’: Pimlico Plumbers Ltd v Smith  UKSC 29
Through a glass darkly: reflections on reflective loss
John Jessup considers the recent Court of Appeal decision of Marex Financial Limited  EWCA Civ 1468 which answers the question of whether the rule against reflective loss (which prevents a shareholder bringing an action for loss of value of their shares) applies to unsecured creditors.
Christopher Edwards considers the case of First Tower Trustees Ltd and Intertrustees Limited v CDS (Superstores International) Limited  EWCA Civ 1396 and the role of basis clauses in avoiding liability in contracts.
Lachlan Wilson argues for parents before the Upper Tribunal that a powered wheelchair constitutes special educational provision. This article was first published on Lexis®PSL Local Government on 27 April 2018.
Commercial update: Unlawful distributions to directors, and limitation
In order for limitation in a claim against a director to be extended under section 21, does he need to have direct control of assets taken from the company? James Davies considers the impact of the Supreme Court’s most recent analysis (Burnden Holdings (UK) Limited v. Fielding  UKSC 14).
Commercial update: Claim notification clauses in SPAs
When notifying a claim under a claim notification clause in a Share Purchase Agreement, what level of detail does the purchaser need to give? Christopher Edwards analyses the Court of Appeal’s most recent consideration of the issue (Teoco UK Ltd v Aircom Jersey 4 Ltd  EWCA Civ 23).