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Mar
27
2013

Termination of Commercial Agency Contracts reconsidered
#Dispute Resolution

In a recent decision of the Court of Appeal, the question of when a principal can terminate a commercial agency contract on the grounds of an agent`s misconduct has been considered...

Mar
12
2013

Court of Appeal Case Serves as Warning to Internet Service Providers
#Dispute Resolution

Blogging is a popular way for individuals to express their views and opinions freely to a wide audience on the internet. Internet service providers are generally not themselves regarded as the "publisher" of statements posted by their users, thereby avoiding any liability to pay compensation for any defamatory statements. However, the recent Court of Appeal decision in Tamiz -v- Google Inc [2013] EWCA Civ 68 casts doubt on this position....

Feb
11
2013

Court Makes Costs Order Against Non-Party
#Dispute Resolution

In English litigation, it is generally the rule that the losing party will be ordered to pay a proportion of the winning party`s legal costs. However, the Court has very wide powers when making an award of costs, and in certain circumstances can order that a non-party to the proceedings should pay them....

Feb
08
2013

Case demonstrates Court`s reluctance to interfere in commercial contracts
#Dispute Resolution

Although it is a general principle under English law that parties should be free to negotiate their own contract terms, the Court may decide that a clause is "unenforceable" in certain circumstances, even where both parties have signed up to it....

Jan
08
2013

Mediation and Costs Sanction: Further Court Guidance
#Dispute Resolution

Litigation can be a very expensive and time consuming process that can be a real drain on a party`s resources. In some cases, the costs of fighting litigation and recovery of those costs can become as important to a party as winning the claim. Mediation is generally seen as a successful method of resolving disputes cheaply and quickly...

Jan
08
2013

Law Applicable to a Contract: Why it is important
#Dispute Resolution

When there is a dispute about the performance of a contract, one of the first issues that must be determined is which law applies to that contract, particularly where the parties to the contract are based in different countries or the contract involves working overseas. For example, which law will apply to a contract between Peruvian and Malaysian companies to transport goods between Nigeria and India? The law applicable to that contract will inevitably impact on the outcome of any dispute that arises from the performance of that contract....

Nov
26
2012

Protection of Consumers in the Motor Trade
#Dispute Resolution #Automotive

One of the functions of the law is to protect consumers against businesses taking unfair advantage of them. The motor industry is no exception in this regard. There is a considerable amount of consumer legislation that is designed to give consumers a redress when they lose out due to unscrupulous business practices....

Oct
22
2012

Does an indemnity for costs in a commercial contract mean anything?
#Dispute Resolution

Many commercial agreements contain clauses stating that one party is required to indemnify the other part for legal costs in the event of a breach of contract....

Oct
05
2012

Does the winner take it all?
#Dispute Resolution

Two recent cases have shown the challenges that a successful Defendant can face when unable to recover costs from an impecunious Claimant. The general principle employed by the court is that a non-party to the proceedings, but who has funded the litigation, may incur a personal costs liability if they have a financial interest in the outcome of those proceedings....

Sep
11
2012

Damages to increase by 10% in Civil Claims
#Dispute Resolution

1 April 2013 is an important date for lawyers. It is when the new rules on recovery of legal costs in legal proceedings are planned to come into force....

Sep
11
2012

Information Commission flexes muscles over Data Protection infringements
#Dispute Resolution

Since May 2011 the Information Commissioner`s Office (the "ICO") has had the power to issue Civil Monetary Penalties ("CMPs") of up to £500,000 for serious breaches of the Data Protection Act....

Aug
14
2012

Clampdown by the Courts on claimants who fraudulently exaggerate the value of their claims
#Dispute Resolution

A perennial problem faced by the Courts is the temptation by claimants to overstate the value of their claims. The problem is particularly acute in personal injury claims with insurers often taking the brunt of the increased compensation awards which then filter down to consumers through higher insurance premiums. However, the problem is not confined to personal injury cases. Unscrupulous claimants often find ways of exaggerating losses in commercial cases....

Aug
14
2012

Airport bomb hoax Twitter ruling overturned
#Dispute Resolution #Crisis Management

In the latest decision by the English courts concerning the social networking and micro blogging website Twitter, Paul Chambers, a former trainee accountant, has been acquitted of sending a "menacing message". As a result of a message Chambers posted on Twitter he was arrested at his workplace, lost his job, and for more than two years endured the threat of criminal sanctions and terrorist association hanging over him....

Jul
17
2012

Court gives guidance for repair costs in motor accident claims
#Dispute Resolution

Motor vehicle insurance has been the subject of several Court decisions in the past year. Last month it was the turn of vehicle repair charges incurred after motor vehicle accidents to be looked at by a Judge....

Jul
09
2012

Court Holds that Website Term is not Binding on Consumer
#Dispute Resolution

In the recent case of Spreadex Ltd -v- Cochrane [2012] EWHC 1290 (Comm), the High Court has held that a term in a Customer Agreement appearing on the website of a spread betting bookmaker was not binding on a consumer....

Jul
06
2012

Court Delivers Ruling in Sofa Litigation
#Dispute Resolution

In the recent case of Argos Ltd & Others -v- Leather Trade House Ltd (formerly BLC Leather Technology Centre Ltd) [2012] EWHC 1348 (QB), the High Court has held that Argos and Homebase can reclaim from Leather Trade House millions of pounds of compensation which they paid out to their customers who suffered skin irritation from their products....

Jun
14
2012

Liquidator`s Liability
#Dispute Resolution

In the recent decision in Wright Hassall LLP v Morris (2012), the Court was asked to determine whether an administrator was personally liable for an award of damages and costs entered against two companies in administration....

Jun
13
2012

Defending the right not to mediate
#Dispute Resolution

There are many different ways that a dispute can be resolved other than through the Courts. Since the Civil Procedure Rules were implemented in 1999, there has been a strong emphasis on encouraging parties to try to settle their differences out of Court wherever possible. In particular, the Courts have encouraged parties to resolve their disputes through mediation....

May
03
2012

Court of Appeal Overturns Noise Ruling
#Dispute Resolution

In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned a High Court decision made in favour of a couple who complained about noise from a nearby speedway stadium and motocross track....

Apr
05
2012

Most frequently negotiated terms
#Dispute Resolution

The International Association of Contract and Commercial Management ("IACCM") has recently launched a survey to uncover which terms of a commercial contract are subject to the most frequent negotiation between the parties....

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