Paul Jinks

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Are All the Terms in Your Standard Terms and Conditions Incorporated?

A recent High Court decision in the case of Blu-Sky Solutions Limited (“Blu-Sky”) v Be Caring Limited (“BCL”) has put terms and conditions into the spotlight. The case has highlighted the importance of making sure that any onerous terms in your standard terms and conditions are clearly brought to the attention of the other party … Continue Reading

The Covid Conundrum – CMA Closes its Investigation into Covid Consumer Refund Rights

The Competition and Markets Authority (CMA) has today announced it is closing its investigation into the refusal of British Airways and Ryanair to provide refunds to consumers who were unable to travel on previously booked flights as a result of Covid lockdown restrictions due to uncertainty in the underlying law.… Continue Reading

Changes to VAT and Early Termination Payments

Following the recent decision of the Court of Justice of the European Union in Meo (C-295/17) and a related case, HM Revenue & Customs (“HMRC”) has updated its guidance on the VAT treatment of contractual compensation payments for early termination of commercial contracts. Such payments, irrespective of whether described as compensation or liquidated damages, will … Continue Reading

Coronavirus and Contractual Penalties

We recently considered the issue that the Coronavirus outbreak may result in an upsurge of force majeure related claims under commercial contracts. A further risk now coming to light is customers seeking to enforce contractual fines, penalties, “service credits” or “liquidated damages” (collectively referred to for ease of reference as “Penalties” although all slightly different … Continue Reading

Coronavirus and Force Majeure

Usually found towards the end of a commercial contract, a force majeure provision seeks to exclude the liability of one or more parties for events beyond their reasonable control. Often (and mistakenly) overlooked as “standard boilerplate”, the increasingly apparent and potentially extensive impact of the Coronavirus outbreak on global supply chains is likely to bring … Continue Reading

But life isn’t fair….

Anyone who negotiates contracts for a living has their own personal war stories of dealing with other parties whose significant negotiating leverage meant they ended up accepting terms which in an ideal world they wouldn’t. But could having the upper hand and using that to extract the best possible deal come back to haunt you? … Continue Reading

Check In On Your Terms

  The Competition & Markets Authority (CMA) has recently launched its “Small Print, Big Difference” campaign which encourages travel businesses to be upfront and clear with consumer customers. Although the campaign has been launched with a holiday and travel focus (following the CMA’s investigation into online hotel booking websites), and is supported by ABTA, many … Continue Reading

The Outsourcing Playbook – a new dawn for public sector contracting?

The UK government has this week published its Outsourcing Playbook (the Playbook) providing guidance for central government on getting outsourcing right, from making the initial decision to outsource through to termination, transition and dealing with supplier failure. With in-boxes groaning under the weight of Brexit related government guidance it would be easy to miss the … Continue Reading
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