Where a person assumes responsibility to perform professional services for someone who relies on those services, a duty in tort to exercise reasonable skill and care arises even if the services are performed under a contract between those parties. (See Henderson v Merrett as differing from Tai Hing Cotton Mill Ltd v Liu Chong Hing). A professional negligence claim can also be founded

The limitation period for recovery of solicitors’ fees is governed by the Limitation Act 1980 (LA 1980). In particular, LA 1980, s 5 applies when no other specific provision (under the LA 1980 or otherwise) applies to a contract, and specifies that there is a general limitation period of six years from the date on which the cause of action accrued. In the case of such claims founded on contract, time for limitation purposes runs from the date of breach (Gould v Johnson). For further

Limitation How long a party has to bring a claim depends on the particular action they intend to take. This Q&A could give rise to a large range of different potential claims and remedies (see below for some suggested further reading in this regard). However, by way of example, under the Limitation Act 1980 (LA 1980) actions founded on tort and simple contract claims each have a general limitation period of six years. For more information, see Practice Notes: • Limitation Act 1980—general application • Limitation—the principal limitation periods Given that the transaction took place in 1989, the vast majority of the standard limitation periods provided for by LA 1980 will have now expired, unless such limitation periods can be extended or postponed (see below). The

The general rule is that, a beneficiary may not bring a claim to recover trust property or in respect of any breach of trust , after the expiration of six years from the date on which the right of action accrued, but the right of action of a beneficiary entitled to a future interest in the trust property is not deemed

Claims for breach of fiduciary duty How long a company has to bring a claim against one of its directors for a breach of the duties they owe under the common law will depend on the particular facts in question. However, a useful summary of the present application of the Limitation Act 1980 (LA 1980) to such claims, specifically claims for breaches of fiduciary duty against a director, can be found in the case of Gwembe Valley Development Co Ltd (in receivership) v Koshy. In particular, Mummery LJ stated: ‘…in our view, it is possible to simplify the court's task when considering the application of the [LA 1980] to claims against fiduciaries. The starting assumption should be that a six-year limitation period will apply—under one or other provision of the [LA 1980], applied directly or by analogy—unless it is specifically excluded by the [LA 1980] or established case-law. Personal claims against fiduciaries

When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and whether the guarantor’s obligation under the guarantee to make payment arise only once a demand under the guarantee has been made. Limitation periods Generally, the limitation period for bringing a claim for breach of contract is: • six years from the date of breach of a ‘simple contract’ (one which is not under seal or a contract of record) • twelve years from the date of breach of a deed For more information, see Practice Note: Limitation—contract claims. Does a guarantee have to be executed as a deed? A

The convention of splitting conditions precedent (CPs), into ‘CPs to signing the agreement’ and ‘CPs to initial utilisation’, reflects the fact that company acquisitions typically involve a split ‘exchange’, where the key documents are executed and the parties commit to the transaction (subject to certain conditions), and completion, where the money moves and the company or group legally changes hands. Certain CPs, such as corporate

Section 542 of the Companies Act 2006 specifies that shares in a limited company having a share capital must each have a fixed nominal value. Nominal or par value represents the fixed amount by which a share is denominated and the shareholder's liability to contribute to the company. Any excess paid or agreed to be

Guarantees are entirely voluntary and there is no requirement to offer them. They may last any period of time. For further information, see Practice Note: Consumer Rights Act—application to goods and in particular the section: Consumer Rights Act—application to goods—Guarantees. We also refer you to CMA Guidance CMA 37 (at paras 5.11.1–5.11.6) which provide useful guidance on guarantees in general. Guarantees are a promise usually made by a manufacturer of goods or a trader

Subject to any restriction in the company's articles of association there is no limit on the number of individual or corporate company secretaries that a company may appoint to assist the directors with the running of the company. Indeed, by way of example, Form IN01 (Application to register a company) makes specific provision, at sections B1 and C1, for additional secretaries. Other than the broad provisions

The rights given by the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 apply to most workers. For further guidance generally on eligibility for rights under WTR 1998, SI 1998/1833 generally, see Practice Note: Eligibility for working time rights. Maximum working week WTR 1998, SI 1998/1833, reg 4 provides that, unless the workers has validly opted out under WTR 1998, SI 1998/1833, reg 5, a worker's working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days. For further guidance, see Practice Note: Hours of work and working time. Special case exemptions Certain job sectors are excluded or partially excluded from the ambit of WTR 1998 and there are other situations where certain provisions of WTR 1998 are excluded. You may wish to consider whether

A lease is the grant of a right to the exclusive possession of land for a determinable term, which is less than that held by the grantor. It is both a contractual relationship and an estate in land. The expression ‘commercial lease’ describes a lease of property that is used for a commercial purpose. Typically, the expression will be used to describe a fixed term lease of commercial premises, which is either a business tenancy with additional protection conferred by the Landlord and Tenant Act 1954 (LTA 1954) or has been contracted out. Such a commercial lease will not ordinarily be subject to compulsory registration where it is granted for a period of less than seven years, or it is an assignment of a lease with not more than seven years