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Oct
06
2014

Software: goods or services?
#Dispute Resolution

A significant feature of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations") is that they only apply to agents who sell "goods". Agents who sell services are excluded and do not enjoy any protection....

Sep
02
2014

The Defamation Act 2013: what is serious harm?
#Dispute Resolution #Crisis Management

The Defamation Act 2013 (the "2013 Act") introduced a requirement that a statement must have caused (or be likely to cause) serious harm to the Claimant`s reputation for that statement to be defamatory. In order to show serious harm, a business (defined as a body that trades for profit in the 2013 Act) has to show that it had suffered, or was likely to suffer, significant financial loss as a result of the publication of the defamatory material. The relevant section of the 2013 Act came into force on 1 January 2014 and only applies to allegedly defamatory statements made since that date...

Sep
01
2014

Killing two birds with one answer: when jurisdiction is founded on choice of law
#Dispute Resolution

As the commercial world becomes increasingly international, the English Courts are called upon more and more often to rule on cases involving litigants that are not based in this country. In cases between litigants of different nationalities, the English Court may also need to determine which country`s law will apply to the dispute. This article looks at the peculiar circumstances where the separate questions of whether the English Courts have jurisdiction and what the is the law applicable to the dispute become intertwined...

Aug
04
2014

Recent Guidance from the Court of Appeal on how to calculate Compensation under Regulation 17 of the Commercial Agents Regulations 1993
#Dispute Resolution

For many years after the Commercial Agents Regulations came into force in 1994, there was uncertainty over how a commercial agent should calculate the value of the "compensation" they were owed under Regulation 17 following the termination of their agency agreement...

Jun
27
2014

Top tips for starting a small claim
#Dispute Resolution

Disputes are an unhelpful distraction to any business. They are costly and divert attention and resources away from the business`s main activities. Unfortunately, we must all accept that there will be situations where parties end up in dispute and may need to consider Court action. There are a number of dispute resolution mechanisms that can be used to chase debtors, such as issuing statutory demands. However, this article is focused on advising businesses that are considering commencing a claim through the small claims track. It is intended that this will be the first is a series of articles about the small claims track...

Jun
27
2014

Fresh proceedings on same facts - two bites of the cherry?
#Dispute Resolution

The recent Judgment in the Court of Appeal case of Kotonou v National Westminster Bank plc [2014] raises a number of interesting issues for litigation practitioners...

Jun
25
2014

What if my principal is in breach of our agreement?
#Dispute Resolution

Most agents are aware that if their agency agreement is terminated by the principal they are entitled under the Commercial Agents (Council Directive) Regulations 1993 to payment of either compensation or an indemnity, depending on what their agency agreement says...

May
27
2014

When is an offer not an offer?
#Dispute Resolution

The rule of thumb in English litigation is that the loser pays the winner`s costs. There are three occasions where the Court might depart from this presumption...

Mar
31
2014

Directors` Liability for Costs of Litigation When the Company is the Defendant
#Dispute Resolution

The recent case of Axel Threlfall -v- ECD Insight Limited and Another has opened the door to claims that directors may be responsible for paying Costs Orders of litigation that would more commonly be met by the company. The facts in the case are quite unusual and are therefore worth reciting...

Mar
28
2014

High Court or County Court?
#Dispute Resolution

For many years the rules governing civil claims have provided that money claims (except personal injury claims) can be started in either the High Court or the County Court, but that claims could be issued in the High Court only if they are greater than £25,000...

Mar
12
2014

Maintaining legal privilege over your documents
#Dispute Resolution

It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are inadmissible as evidence in Court proceedings. Such communications are protected by what is known as legal privilege...

Feb
07
2014

Challenges to the validity of erroneously signed Wills
#Dispute Resolution

A recent decision of the Supreme Court has confirmed that the courts will now take a more flexible approach to the rules which apply to the signing of wills...

Feb
07
2014

What does your agency agreement say about compensation?
#Dispute Resolution

Under the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations"), an agent is usually entitled to a payment when his agency agreement is terminated by the principal (unless the agreement is being terminated as a result of the agent`s own breach). The Regulations provide for two different payment regimes: compensation and indemnity. It is not possible for the parties to contract out of these provisions of the Regulations...

Jan
22
2014

Are you being fairly served? Your options if you are unhappy with your property service charges
#Dispute Resolution

It is common for tenants of multiple occupancy buildings to complain about the level of their service charges. Some are lucky enough to have been able to negotiate a fixed or capped service charge, but in many cases tenants feel they are at the mercy of their landlord or managing agent when it comes to service charges. In modern buildings these can often constitute a significant proportion of the costs of occupation...

Dec
20
2013

Law applicable to agency agreements reconsidered
#Dispute Resolution

A recent decision of the European Court of Justice (United Antwerp Maritime Agencies (Unamar) NV v Navigation Maritime Bulgare) has cast doubt on the law which will be applicable to commercial agency agreements where the parties are located in separate EU member states. This has potentially significant implications for the freedom of principals and agents to choose the law which will apply to their agreements, in circumstances where some EU member states grant greater protection to agents than others....

Nov
19
2013

A Contract Made in Two Jurisdictions?
#Dispute Resolution

In many disputes between parties based in different jurisdictions, one of the key battles will be over the place in which a dispute should be heard. This tactical battle will involve pragmatic considerations, such as convenience, cost and the presence of assets in a particular jurisdiction against which any subsequent judgment can be enforced. There may also be concerns about whether both parties will receive a fair hearing...

Nov
14
2013

Does your retention of title clause stop you getting paid?
#Dispute Resolution

Most companies in the business of selling physical goods of any sort will include a retention of title clause in their terms of business. The purpose of such a clause is to prevent title in the goods passing to the buyer unless and until payment has been received, and to enable the seller to recover the goods if payment is not made...

Nov
05
2013

The Dangers of Refusing Mediation
#Dispute Resolution

For over 10 years a succession of cases has made it clear that a failure to engage in alternative dispute resolution, including mediation, might lead to negative costs consequences in litigation...

Oct
15
2013

Twinmar - A Clearer Picture of Repairing Liabilities
#Dispute Resolution

In the recent case of Twinmar Holdings Limited -v- Klarius UK Limited the High Court gave helpful guidance to Tenants on their responsibilities for repairing/replacing glass fibre reinforced polyester roof lights. Roof lights of this type regularly cause difficulties in dilapidations claims and the Twinmar case has already had some publicity as a result of this...

Sep
03
2013

No More Second Chances
#Dispute Resolution

Litigation is sometimes criticised as slow and expensive. The ‘Jackson Reforms`, which came into force earlier this year, are intended to get to grip with these issues...

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