Remedies – Page 2 – Law Journals

Remedies: A case for pragmatism

Andrew Williams explores a landlord’s remedies for tenant disrepair during a tenancy ‘The forfeiture route carries many advantages for a landlord; not least of all, claims for forfeiture commonly include a claim for damages.’It is easy to empathise with the landlord of commercial premises who discovers that its tenant has allowed the building to fall …

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Remedies: A helicopter flight from Coventry

Andrew Skelly reviews the jurisdiction to award damages in lieu of an injunction ‘The judgment in Peires arguably marks a departure from the approach in Coventry when applying the balancing exercise between the right of a person to the undisturbed enjoyment of their property against the right of another person to use their own property …

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Remedies: Re(fit) for purpose?

Graeme Young looks at the recent consultation on the remedies regime ‘The Commission’s annual implementation review for 2013 reported that since 1 January 2010 the UK was the third-most investigated member state, with four infringement cases having reached at least the stage of sending a letter of formal notice.’The European Commission recently concluded a public …

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Remedies: Hitting the target

Andrea Lynch considers AIB Group (UK) v Mark Redler & Co Solicitors, which has lessons on equitable compensation for breach of trust ‘As the Supreme Court noted, an awful lot has been written on the question of whether (and how) common law principles and remedies (especially in a commercial context) interact with equitable doctrines and …

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Remedies: Credit where credit’s due

Dr Sam De Silva considers the role of service credits ‘If the service level/service credit scheme is too complex, a disproportionate amount of time and effort will be devoted by the parties to its maintenance. It is therefore normally in the interests of both parties to limit the number of service levels which attract service …

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Remedies: Till ineffectiveness do us part

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David Gollancz considers the efficacy of pre-nuptial agreements to defeat claims for ineffectiveness ‘This article considers the legal rules governing ‘pre-nuptial’ agreements, and the reasons why they may be a good idea in any case where ineffectiveness is a risk.’The remedy of ineffectiveness was introduced into European legislation by Directive 2007/66/EC, implemented in England, Wales …

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Remedies: All change?

Dr Totis Kotsonis examines the remedies regime and considers the question of how effective this really is ‘The implementation of Directive 2007/66/EC into UK law, and the further amendment of the procurement legislation, have led to the transformation of the remedies system available for breaches of UK public procurement law.’For a long time, the remedies …

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Remedies: Make your mind up

Peter Elliott and Mark Livsey analyse the law on contractual variation before and after Pressetext ‘It has long been recognised that a sufficient degree of change to a current contract could, in theory, constitute a new award of contract and that this ought potentially to be competed.’The question whether contracting authorities can safely make changes …

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