News & Views

Partner Barney Laurence examines what the two key terms “Without Prejudice” & “Subject to Contract” mean and how you can use them when trying to resolve disputes. Two terms that are as important as they are misunderstood. What do they mean? And when and why should you use them? “Without Prejudice” (sometimes just “WP” or, …

Unless you intend to – and are in a position to – follow through with formal action, think twice before sending a warning letter to an ex-employee. So-called shot across the bows letters are commonly sent out to warn against breaching post-termination restrictive covenants, but they invariably do little more than tip the individual off …

Recruitment agency fee dispute: A recent case handled by Sherrards’ recruitment specialists, Barney Laurence brought into sharp focus the importance of the client recruitment agency (“Company A”) following its own terms of business. Company A was engaged by Company B to source a candidate for a role. Company A supplied a quality candidate, whom Company B subsequently engaged …

It remains best practice that you should always incorporate your terms and conditions of business into your dealings with clients, even though it is no longer a mandatory requirement to do so since Regulation 17 of the Conduct Regulations was revoked with effect from 8th May 2016. But sometimes it doesn’t happen. Sometimes clients ask …

Backdooring: As the pandemic continues to suffocate the economy, recruiters are facing an even tougher time when it comes to collecting payment of fees. Clients are exploiting any and every possible way to avoid having to part with money and the classic “back door” scenario is something that seems to be cropping up more than …

A recent case has shown that courts are willing to be sensible in their interpretation of deadlines for accepting or defending proceedings. But defendants should not allow this apparent leniency to lull them into missing deadlines. When a claimant serves proceedings on a defendant, the latter has a prescribed period to either accept or defend …