Commercial

Articles

Contracting out conflict

Confirmation in an Australian case that fiduciary duties may be contractually avoided could set a precedent for English courts, say Michael Twomey and Eamonn McNamara

Update: landlord and tenant

Milton McIntosh considers developments in regard to rent reviews, quiet enjoyment, surrender agreements, repair damages and business tenancies

Update: family

Liz Dronfield considers the protection of children from harm and in particular the extension of Family Assistance Orders, interim change of residence, committal proceedings and care proceedings involving parents with severe learning disabilities

The draftsman's tightrope

If restrictive covenants are drafted too widely then they are unenforceable, but if drawn too narrowly they become ineffectual, says Dijen Basu

Update: sentencing.

Barbara Barnes reports on the latest guidelines by the Sentencing Guidelines Council and the Court of Appeal's review of its sentencing principles

Corporate manslaughter: the new rules

The Corporate Manslaughter Act 2007 may not be perfect but both organisations and individuals should prepare themselves for its impact, says Gerard Forlin

Promises, promises

The courts should not allow the party bound under a “best endeavours” agreement to get out of it simply because it has become commercially uninteresting, says Stephen Bickford Smith

Gambling in pubs

Though the Gambling Act 2005 is seen as a 'liberal' regime, its Code of Practice imposes a 'tough' level of compliance for gambling in public houses, says Roy Light