Clarkslegal LLP - Solicitors in Reading and London

Dispute Resolution - Legal Updates

Search Legal Updates

Jun
25
2018

Can use of technology avoid payment disputes in construction?
#Construction #Dispute Resolution #Information Technology

In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....

Jun
20
2018

Clarkslegal wins Strike Out Application following new Contract Law ruling
#Dispute Resolution #Commercial #Public Procurement

In a hugely significant judgment for businesses, the Supreme Court has tightened the flexibility traditionally enjoyed by contracting parties to vary the terms of their contracts (Rock Advertising Ltd v MWB Business Exchange 2018)....

May
08
2018

Enforcing an adjudication award – An open and shut case?
#Dispute Resolution

There is a long history of the court supporting the enforcement of adjudication awards. Typically, summary judgment will be granted unless a lack of jurisdiction or breach of natural justice can be established. The court will not look behind the findings in the adjudication award itself. ...

Mar
22
2018

Commercial agents: software is not goods after all
#Dispute Resolution

In 2016 the case of The Software Incubator Limited v Computer Associates UK Limited made waves in the commercial agency sector by finding that the definition of “goods” for the purpose of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) included software. The Regulations provide important rights for commercial agents, including in particular the right to receive compensation upon termination of the agency agreement, but only protect commercial agents who sell goods, rather than services....

Mar
20
2018
Jan
08
2018

Public procurement: does failing a pass/fail question = disqualification?
#Public Procurement #Dispute Resolution

Shortly before Christmas the judgement in the case of MLS (Overseas) Ltd v The Secretary of State for Defence [2017] EWHC 3389 TCC was released, containing important lessons for bidders and contracting authorities involved in public procurement....

Dec
12
2017

Toblerone vs Twin Peaks
#Commercial #Corporate #Dispute Resolution

Poundland’s Twin Peaks chocolate bar has recently gone on sale and it’s already creating a buzz, with a rival issuing legal proceedings. Why all the fuss?...

Nov
14
2017

When Can I Refuse To Mediate?
#Dispute Resolution

Anyone who has been involved in a legal dispute will have been told to consider engaging in some form of alternative dispute resolution, most often mediation, before the issue of proceedings. ...

Oct
06
2017

Business and Property Courts open for business
#Dispute Resolution

The Business and Property Courts (B&PC) opened on 2 October 2017. The B&PC is an umbrella for several specialist business courts and encompasses the Commercial Court, the Technology & Construction Court and what was previously the Chancery Division, covering intellectual property, insolvency and financial services disputes. ...

Sep
08
2017

Victim of fraud? How to identify the perpetrator
#Dispute Resolution

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. ...

Aug
11
2017

Pre-winding up settlement with director set aside
#Restructuring & Insolvency #Dispute Resolution #Directors Duties

For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...

Aug
02
2017

The pitfalls of a sole director company
#Directors' Duties #Corporate #Dispute Resolution

Many small companies will have a sole director and shareholder, with no company secretary....

Jul
18
2017

Diamonds are not a Commercial Agent’s best friend
#Dispute Resolution

The Commercial Agents (Council Directive) Regulations 1993 provide important rights for commercial agents who sell or negotiate the sale or purchase of goods on behalf of others, including the right to receive compensation or an indemnity on termination of the agency relationship. ...

Jul
10
2017

Revised Procedure for Debt Claims against Individuals – a Recipe for Delay?
#Dispute Resolution

In April the Ministry of Justice released a new Pre-Action Protocol for Debt Claims which revises the procedure claimants have to follow before suing an individual for an unpaid debt....

Jun
28
2017

Costs budgeting – welcome clarity from the Court of Appeal
#Dispute Resolution

Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...

May
30
2017

Partner Stephen James features in Raconteur article on risk management for employees
#Dispute Resolution #Crisis Management #Press

Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected....

May
22
2017

Clarkslegal Appointed by London Universities Purchasing Consortium
#Dispute Resolution #Commercial

Clarkslegal is delighted to have been appointed to the panels for both Dispute Resolution and Commercial work by the London Universities Purchasing Consortium following a rigorous and competitive tender process carried out by the Consortium on behalf of its many member organisations as well as the North Eastern Universities, the Southern Universities, the North Western and the Higher Education Wales purchasing consortia....

May
11
2017

10 Tips for Challenging the Result of a Public Tender
#Public Procurement #Dispute Resolution

Following our recent webinar, we have produced some “Top Tips” which we hope that any business which finds itself needing to challenge a procurement award will find useful....

Apr
27
2017

Springboard Injunction Granted for Beer Pong Claim
#Dispute Resolution

Misuse of confidential information can be restrained by an injunction. Where the breach has already occurred, the Court can grant a ‘springboard injunction’ to prevent the unfair ...

Page 1 of 8