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Dispute Resolution - Legal Updates

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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

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
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
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

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...

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...

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...

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))....

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