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The old maxim, let the buyer beware, is taking on a significance in the relatively new market of second hand software licenses. It is easier for all parties to be aware of risks associated with the proposed sale where the subject matter of the sale is tangible. But with a licence of software what is sold is the permission to use the software.

Pokémon a fictional world filled with cute bouncy creatures. It's just for kids right? WRONG! If you're anything like me, you may have missed the Pokémon phenomenon when it first hit our screens in the mid-nineties.

In August 2021, the ICO launched a consultation on replacing the use of the old EU based standard contractual clauses for international transfers of personal data outside of the UK with new transfer tools to reflect the post-Brexit environment.

How can you tell a monthly tenancy from a 90-year lease? It is harder than you might think — a recent case went all the way to the Supreme Court to find the answer.

In today's difficult economic climate, tenants who have negotiated a break clause in their commercial lease may be alarmed to find out just how difficult it can be to successfully exercise it.

Having negotiated contracts on a number of internationally financed projects over the past year, the reluctance of employers (or more likely of their lenders) to progress projects on the standard FIDIC conditions of contract is clear to see.

An advanced payment of the price due under a building contract could discharge a bondsman from its obligation to make payment under a bond, unless contract terms provide otherwise.

Clear CPSE replies are crucial in commercial property transactions to avoid misrepresentation and liability risks. Evasive responses can cause buyer caution, transaction delays, or legal disputes, impacting both parties.

A recent case has brought concurrent delay, an area of law that continues to spark debate, back into focus. Broadly speaking, concurrent delay occurs where there is delay on a project...

Construction contracts typically identify the scope of works, the timescale in which they are to be performed and the price the contractor is to be paid for carrying them out.

The ancient common law right of distress for rent has now been abolished and replaced by a new statutory procedure known as Commercial Rent Arrears Recovery.

A recent Court of Session decision has rejected a contractor's claim for damages against a third party, where that third party had affected progress of the works.

In the realm of construction and engineering, it is not unusual for project completion to be delayed.

Work is all too often carried out in the construction industry without the terms of a contract having been first agreed. The perils of this situation are well illustrated by RTS Flexible Systems Ltd v Molkerei Alois Muller & Co KG, a case which reached the Supreme Court, where judgment was given on 10 March 2010.

You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract.

The Supreme Court decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38 has opened the possibility that a party to a construction contract may commence legal proceedings...

The Judge found that, in the above circumstances, the debt was due and owing and that the Contractor had adhered to the terms of the contract.