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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....

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....

Mar
20
2012

Credit Hire Companies -v- the Motor Insurance Market
#Dispute Resolution

When someone is an innocent victim in a motor accident, they are generally entitled to a replacement vehicle whilst their damaged vehicle is being repaired and to recover the costs from the other driver`s insurer. To avoid the upfront hire charges, some people choose to hire the replacement vehicle on credit terms from a credit hire company and leave it to them to recover the hire costs from the other driver`s insurer through the Court if necessary....

Feb
07
2012

Dilapidations Protocol Becomes Law
#Dispute Resolution

For some years` the "Pre-action Protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy" - better known as "the Dilapidations Protocol" has been followed imperfectly (if at all) by landlords, tenants, surveyors and solicitors....

Jan
12
2012

Using Declaratory Judgments in Favour of Arbitration Agreements
#Dispute Resolution

An arbitration tribunal will have jurisdiction to hear a dispute if there is a valid arbitration agreement between the parties that covers the dispute in question. Most national arbitration laws recognise that a properly constituted arbitration tribunal has the same authority as a national Court to determine its own jurisdiction. A national Court must therefore be very reluctant to hear an application to decide whether or not there is a valid arbitration agreement between the parties before the arbitration tribunal can consider the issue....

Jan
10
2012

Consultations by Public Bodies - The Need to Get it Right First Time
#Dispute Resolution

The recent decision Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts [2011], a case involving the judicial review of a decision by a public body for failing to consult properly, is noteworthy for several reasons. Firstly, it is the first instance where a Judicial Review has been brought by one public body against another. However, of greater significance for all public bodies, the case is a salutary warning for all public bodies to ensure that when a consultation is carried out, that it is carried out correctly. In this case, the Royal Brompton & Harefield NHS Foundation Trust ("RBHT") succeeded in obtaining a quashing order on a consultation carried out by the Joint Committee of Primary Care Trusts ("JCPCT") because the consultation was held to be unlawful....

Jan
10
2012

Dealing With Ambiguities in Commercial Contracts
#Dispute Resolution

English contract law is as old as the English common law itself. Contract law is also the foundation for almost every business transaction. It may therefore come as a surprise to learn that the English courts` approach to the interpretation of commercial contracts continues to be subject of legal arguments....

Jan
10
2012

Promoting ADR in Consumer Disputes
#Dispute Resolution

The European Commission ("EC") has recently adopted two new proposals designed to promote the use of alternative dispute resolution ("ADR") in resolving consumer disputes. The EC has a long history of legislating to protect consumers and providing them with greater access to justice. These proposals can be seen as further efforts by the EC to assist consumers in obtaining justice....

Nov
09
2011

The UK is best value for international arbitration
#Dispute Resolution

The UK came out top in a recent survey conducted by the Chartered Institute of Arbitration on the cheapest place in Europe to hold an international arbitration....

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