Home > Legal Opinions tagged Retail

  • landlord’s right to erect scaffolding on retail premises

    Kirsten Walters

    In Century Projects Ltd v Almacantar (Centre Point) Ltd, the tenant ran a high class restaurant at the top of Centre Point Tower with panoramic views over London.  The landlord proposed to erect scaffolding shrouded by sheets, which the tenant believed would have a devastating effect on its business, wanting the landlord to use workmen […]

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  • are home delivery services by the big four supermarkets sustainable?

    Kirsten Walters

    With the news that Ocado has posted a profit for the first half of its financial year, there are hopes it will make an annual pre-tax profit for the first time since it was founded in 2000. However, a survey by Knight Frank has revealed that home deliveries are a loss-leading service which may ultimately […]

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  • break rights and overpayments – case law update

    Sarah Parkinson

    Do you remember the Marks and Spencer Plc v BNP Paribas case last year? M&S had a break right which was conditional on there being no arrears at the break date (as well as paying a financial penalty). Having paid the full quarter’s rents to exercise the break right, the judge implied a term that […]

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  • a tenant’s right to remove its fixtures

    Richard Miller

    The Court of Appeal has held that the tenant of a long lease of a steel works which it had constructed was not entitled to remove large items of plant and machinery during the term of the lease. The High Court had previously held that the items in question were tenant’s fixtures, which a tenant […]

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  • minimum wage hike – can we really afford it ..... ?

    Sarah Parkinson

    George Osborne said that he wants to see above-inflation increase in the national minimum wage, increasing the hourly rate from £6.31 to £7 an hour by 2015 for over 21s. Whilst many people will support the Chancellor’s plans, not everyone is in favour of them. Trade associations have warned that the above-inflation increases will hurt […]

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  • click and collect – are you enjoying the experience?

    Sarah Parkinson

    It occurs to me that with the continued growth of click and collect facilities across the country – whether these are within stores, at petrol stations, designated parcel lockers and so on – retailers need to be really careful with the customer experience and effect on brand. We’ve already seen how difficult it has been […]

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  • one step beyond – Sainsbury takes ASA to judicial review

    Oliver Sweeney

    Sainsburys says that the Advertising Standards Authority were wrong to reject its recent complaint about the Tesco Price Promise – and they are so aggrieved that they have requested judicial review of the ASA’s decision. In particular, Sainsbury’s say that the Price Promise campaign fails to take into account significant differences when it is comparing […]

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  • A sticky situation – is this Marmite ad offensive?

    Oliver Sweeney

    The advert, first aired during Coronation Street last night, depicts Marmite jars being “rescued” from the backs of cupboards, in a parody of animal welfare patrol action. The ASA has already received 250 complaints, including that the ad is ‘deeply offensive’ as it ‘trivializes’ the work of both animal welfare charities and child protection agencies. […]

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  • Zero-hour contracts – should they be outlawed?

    Sarah Parkinson

    The number of workers employed on the controversial zero-hour contracts is four times higher than officially estimated – which has really forced the issue into the limelight. However, is this just a sign of the times? At a time when many businesses face cuts, is this the best solution currently available? Whilst zero-hour contracts may […]

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  • High Court hands tenants a welcome break

    Kate Andrews

    In Siemens Hearing Instruments Ltd v Friends Life Ltd (2013) the High Court considered whether a break notice, which did not comply with the provisions set out in the lease, was effective to trigger a break clause. The tenant served notice on the landlord to initiate a break clause in the lease. The lease provided […]

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  • cyber-attacks on the rise - are you prepared?

    Richard Nicholas

    A report published today by the Home Affairs Select Committee highlights the increasing number of cyber-attacks made on UK Businesses and Government. These attacks (which include theft of personal data, theft of intellectual property and attacks on IT systems) can be very damaging and expensive for those affected. They also affect considerably more businesses than […]

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  • Amazon starts a food fight with its ‘AmazonFresh’ grocery trial

    Mark Hymers

    Online retailer Amazon is currently trialling a new grocery delivery service called ‘AmazonFresh’ in Los Angeles and Seattle. The service provides same day delivery from a range of local suppliers. After a $299 yearly subscription, there are no further delivery charges (no matter how small the order). Currently, the majority of online grocery shopping relates […]

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  • The BIS Committee launch inquiry into the retail sector

    Claire Gay

    The Business, Innovation and Skills Committee are to launch an inquiry into Britain’s retail industry. The inquiry comes after the collapse of a number of major high street retailers in the past few months. The Committee will examine the Government’s support for the industry – in particular its response to the Portas Review. It has […]

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  • HMV makes a U-turn on gift cards

    Sarah Parkinson

    Following my blog earlier this week it is good to see that HMV have done the decent thing and are now accepting gift vouchers after administrators assessed the company’s financial position. Last year, Comet made a similar U-turn when it entered administration. Unfortunately there is no legal obligation on a business to accept gift cards […]

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  • Responses received to Government’s proposed reform of design...

    Lauren Millward

    The Government has published a summary of responses to its consultation on the Reform of the UK Designs Legal Framework. The proposed reforms include improving the enforcement regime to promote better understanding of rights, resolving uncertainties around the scope of protection, simplifying laws and improving the provision of information. Responses indicate that many involved in product design […]

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