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Dispute Resolution - Legal Updates

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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...

Aug
20
2013

Jurisdictional disputes involving trade union activities in foreign countries
#Dispute Resolution

The English Courts have two parallel systems that determine whether the English Courts have jurisdiction: the EU rules for determining jurisdiction as set out in Regulation 44/2001 (the "Regulation") and English Common Law rules. The Common law rules will only apply when the Regulation does not. As a result, there can be situations where it is unclear which test the Courts should be using and this can have profound consequences for the parties involved....

Aug
20
2013

Reaching a binding settlement agreement in mediation
#Dispute Resolution

The Court of Appeal has given its Judgment on a recent case that considered the extent of a solicitor`s duty to his client to formulate a binding settlement agreement resulting from a mediation. The background dispute that gave rise to the current case is worth consideration first....

Jun
25
2013

Trademark infringement and Google AdWords
#Dispute Resolution

A recent High Court decision ruled on whether Marks and Spencer had infringed trademarks belonging to Interflora through its use of keyword advertising (Interflora Inc and another v Marks & Spencer plc and another [2013] EWHC 1291 (Ch))....

May
30
2013

Good news for tenants on break clauses
#Dispute Resolution

Over the last four or five years many tenants have tried to operate break clauses in their leases in order to reduce their property outgoings in a difficult commercial climate...

Apr
30
2013

Importance of having a choice of law clause in agency contracts
#Dispute Resolution

A recent Court of Appeal decision has highlighted the importance of parties to an agency contract choosing which country`s law will govern the contract...

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
27
2013

Levelling the Playing Field
#Dispute Resolution

There is no getting round the fact that litigation can be expensive and sometimes disproportionately so. This is a problem with which the Courts have been grappling for many years, particularly since the introduction of the Civil Procedure Rules in 1999...

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

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....

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....

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