In this edition, we look at the recent judgment on what is considered “goodwill”; the new Government guidance on procurement of construction services across the public sector; key conditions if a business wants to serve break notice on its landlord; the EAT’s decision that interim relief could be available where an employee is dismissed for alleged discriminatory reasons; and a recent proposal to introduce a new digital court system for civil justice. We hope that you are keeping safe and well in these extraordinary times.
What is the meaning of ‘goodwill’? That was the question before the Court of Appeal in a recent case concerning a share purchase agreement.
The new master of the rolls, Sir Geoffrey Vos, has called for an ‘integrated online dispute resolution system’ to be brought into the civil justice system. The general concept is that all claims would begin online before entering a digital court process in “a fundamental generational reform of the civil justice system”. As the courts struggle with reduced capacity and closures due to Coronavirus, Master Vos’ comments could not come at a more relevant time. Many cases are currently being delayed, and all stakeholders are having to find new ways of working and coping with potential delays caused by the pandemic.
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Interim relief is a remedy available in the Employment Tribunal which can result in a dismissed employee being reinstated or re-engaged by their employer; or, more commonly, put back on the payroll until the outcome of a final hearing decision.
The pandemic has caused many businesses to re-evaluate their requirements for physical premises. For those who may find themselves with a surplus, now is a good time to review any leases and consider which exit or renegotiation strategies may be available.
Unless your lease is nearing the end of its term, ostensibly the simplest option is to exercise a tenant’s break clause (if you have one). However, this is not always as simple as it may seem and, if this isn’t your area of expertise, we would recommend seeking specialist property litigation advice in good time.
In December 2020 the Government published the Construction Playbook, being a guide to the procurement of construction services across the public sector.
The Construction Playbook sets out the government’s strategy and policies for procuring, delivering and operating contracts for major public sector construction infrastructure projects, such as schools and hospitals, from 2021 onwards.
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