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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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....
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....
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))....