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Where a seller of a business gives a ‘warranty’ that certain facts are true (e.g. that accounts are accurate), can the buyer bring a claim for misrepresentation if they’re not?
In a recent case the court found a problem with the word ‘warranty’ when bringing a claim for misrepresentation. The court felt the need to find ‘something more’ in order to turn the warranty into a representation (which would have allowed a claim above the liability cap).
Had the drafting been different (for instance stating that the seller ‘warrants and represents’) then the conclusion might also have been different.
So next time you’re offered a warranty that statements are true – why not also seek a representation, to give yourself a potential alternative claim (an example of a small drafting change that could make a real difference).
In Sethi v Elements Personnel Services Limited, the Employment Tribunal has considered the implications of dress codes on men.
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In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
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