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By JMP Solicitors, Oct 9 2017 10:41AM

Terms and Conditions, everyone has seen them, but hardly any of us have to rely on them until something has gone wrong!

Every established business or company should have a strong set of Terms and Conditions in use for their client base or trading partners. It is the bedrock of most modern day business contracts. But what if you enter a contract and you can no longer meet your obligations in that contract, through no fault of your own?

Force Majeure
Force Majeure

Force Majeure is a term that essentially means ‘unforeseeable circumstances that prevent someone from fulfilling a contract’. It is a clause frequently found in Terms and Conditions, with some common examples of this including floods or earthquakes, war or even changes in the law. If any of these examples happened, then a party would not be held liable for a breach of contract if they could not meet their obligations.

But what if a party claimed they could not meet their contractual obligations due to a flood, but that flood was actually caused by somebody leaving a tap running? There would be a strong argument that those circumstances could be foreseen! On the other side of the coin, what if your business relied heavily on computers and then suddenly your systems were hacked, despite having software protection, leaving you unable to meet a contractual deadline. Could it be said that this was an unforeseen circumstance out of your control?

“Standard” force majeure provisions can be modified to address your particular business risks.

If you own or operate a business or company, it is critical that you understand the importance of having a strong set of Terms and Conditions that are regularly updated, in line with changes to the law and to your circumstances. Clauses such as Force Majeure, may just be the protection that your business needs, without you knowing it yet.

Contact: Graeme Champion if you need your Terms and Conditions (including your Force Majeure clause) updating.

Greame Champion - Commercial Department- 01476 565 295
Greame Champion - Commercial Department- 01476 565 295

By JMP Solicitors, Oct 5 2017 03:57PM

Neil McKinley with his APIL Fellowship certificate
Neil McKinley with his APIL Fellowship certificate

Neil McKinley, solicitor at Grantham’s JMP Solicitors, has been made a Fellow of the Association of Personal Injury Lawyers (APIL). There are only 129 Fellows in in total across the country so it is a pretty prestigious honour.

Fellowship has been granted in recognition of his experience representing injured people and his contribution to this field of legal practice.

APIL is the legal body set up 25 years ago dedicated to changing the law, protecting and enhancing access to justice and improving the services provided for victims of personal injury.

“Having previously been an executive committee member in the early days of the organisation it is professionally satisfying that I have been recognised,” said Neil. “I have nearly 40 years legal practice behind me. I have always worked on behalf of injured people and I will continue APIL’s work in helping them seek the justice they need and to which they have a right”.

Neil specialises in serious injury claims and disease cases including asbestosis and hearing loss.

“Neil has won justice for thousands of people during his career as a lawyer. We conservatively estimated he has secured millions of pounds in damages for his clients. This Fellowship is a rare and prestigious recognition from our industry body,” said Ian Howard, managing director

By JMP Solicitors, Sep 20 2017 04:22PM

We have been asked several times what rights do grandparents have when they have been denied access to their grandchildren?

No rights…but…

Grandparents do not have an automatic right to contact in law. Only people with parental responsibility have such a right. However, family courts do note that grandparents have an invaluable role to play.

Child Arrangement Orders

Grandparents can apply to the Family Court for permission from the courts to apply for a child arrangements order granting contact to their grandchildren. In our experience, it is unlikely that the courts would refuse this unless there is a very good reason i.e. evidence of violence or abuse.

If the parents are separated then any grandparent contact would have to be sorted out in such a way that it did not interfere with contact between the children and the absent parent. Normally however the grandparents would probably see the children when they have contact to that parent.

We offer everyone up-to 30 -minutes free conversation – just call 01476 565 295

By JMP Solicitors, Sep 19 2017 10:32AM

Who said things quieten down in the summer holidays? Our team has been really busy with a variety and interesting mix of contentious and non-contentious matters.

In the last month or so we have:

- Represented an international insurance company in a multi-party dispute over a six figure sum.

- Successfully defended a claim at Court for Defamation and Malicious Falsehood.

- Prepared an interim injunction to be taken out due to a breach of covenant.

- Advised on the termination of sponorship agreement in place with a Premiership rugby team.

- Successfully represented and defended numerous litigated cases for various case types, from breach of contract to property damage.

- Received instructions from as far away as the United Arab Emirates.

- Drafted a complex introducer agreement to be put in place with up to five insurance companies.

- Advised on Directors' Duties and potential liabilities upon insolvency.

- Advised on a complex shareholder dispute and share purchase.

Busy times!

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To receive specific legal advice in respect of any legal matter please contact your nearest JMP Solicitors office.