Express Terms in UK Law
Europe Express about terms of Transition
“The representatives of the EU27 Member States yesterday adopted the negotiating directives for the transition period after the UK’s withdrawal from the EU. They do not contain any surprises but ar...
Substantive inconsistency between express and implied terms
The Court of Appeal has considered the question of when a proposed implied term should be considered “inconsistent” with an express term of a contract, contrasting direct linguistic inconsistency a...
- Got What You Paid For? Why Express Terms Transferring Copyright In Software Are Crucial
Relying on Express Contractual Powers to Change Employees’ Terms
Three recent cases in the UK have highlighted the issues employers need to consider when they want to use express provisions in employment contracts to change employees' terms and conditions. &...
- Express Or Implied? Clarification On Implied Terms In Construction Contracts
Parental rights in the UK
In the UK there are a number of statutory employment rights enjoyed by employees who are also parents. These rights are subject to change during 2015 when a new system of shared parental leave will.........Employees may also be entitled to enhanced rights under the express terms of their contracts of employment. However, their current statutory ......
UK Supreme Court Clarifies Law on Sham Employment Contracts
In the UK, the question of whether an individual is an employee, a worker, or self-employed is an important one because the rights that the law provides to the individual vary depending on his or h......... the decision of the Court of Appeal, which decided that despite an express term in the contracts stating that a number of car valets were ... As shown in Autoclenz, the Employment Tribunal may disregard express terms of a contract if these do not reflect the true nature of the relationship ......
Is Garden Leave Overrated?
The value of garden leave - Including express 'garden leave' provisions into the contracts of employment of key executives in the UK has long been seen as a key aspect of an em....... . The value of garden leave. . Including express 'garden leave' provisions into the contracts of employment of key ... relation to the protection of its business, along with other express terms relating to matters such as confidentiality, intellectual property and ......
Prevention principle will not override agreed contract terms on concurrent delay
In the recent case of North Midland Building Limited v Cyden Homes Limited the Court of Appeal of England and Wales upheld a contract term stipulating that a contractor was not entitled to an exten.........The Court held that the prevention principle operated merely as an implied term, which could not contradict express terms of the contract. . If a contract validly restricts a contractor from an extension of time in the event of concurrent delay, there is no ......
New Joiners Bringing Confidential Information – Managing the Risks for Recruiting Employers
Introduction - Employers whose new recruits bring with them potentially confidential information from their prior employment need to be mindful of the risks of claims from an individual’s previous ......... an individual’s previous employer, not just on the basis of the express confidentiality terms of their employment contract but also by way of ......
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