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....
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....
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....
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....
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....
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....
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....
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....
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....
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....
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....
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....
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....
In Austin & Others -v- Miller Argent (South Wales) Ltd [2011] EWCA Civ 928, the Court of Appeal has upheld a decision to refuse a Group Litigation Order ("GLO") in respect of a claim by more than 500 residents who were trying to impose controls on a land reclamation scheme near Merthyr Tydfil. A GLO is the means of bringing a class action in England and Wales and usually involves combining numerous low value claims in a single law suit thereby reducing the legal costs of bringing multiple claims....
A recent case serves as a timely reminder of the serious consequences that can follow if a person includes a statement in a witness statement or other Court document which they know to be untrue. In legal proceedings, the parties are required to verify certain Court documents by signing what is called a "Statement of Truth". This is a statement that the individual honestly believes that the information in the document is true....
For many years, mediation has been an important part of dispute resolution in the UK. Mediation offers a cost-effective and confidential way for parties to settle their differences and often enables parties to maintain ongoing business relationships which could be irretrievably damaged if the dispute proceeded to a full Court trial....
For the first time, the Court has awarded what may turn out to be substantial damages to an energy supplier for the breach of their human rights by the Office of the Gas and Electricity Markets ("OFGEM")....
One of the many advantages of arbitration over court proceedings is the flexibility of the process. The parties are able to agree most aspects of the conduct of the arbitration to suit their needs and the nature of the dispute. For example, parties can agree the venue of the hearings, the language of the hearings and how evidence is presented to suit their particular requirements....
The Court of Appeal has recently reversed a longstanding rule on the recoverability of legal costs in judicial review proceedings. This is an important development which public bodies need to bear in mind if threatened with judicial review....
A contract often contains a degree of flexibility about whether one of its terms must be complied with. Blackpool Airport Limited (BAL) recently found out that such clauses don`t necessarily give as much wriggle room as might be thought. BAL agreed with low cost airline Jet2.com to "co-operate together and use their best endeavours to promote Jet2.com`s low cost services from [Blackpool Airport]" and to "use all reasonable endeavours to provide a low cost base to facilitate Jet2.com`s low-cost pricing". The parties` obligations governing their 15 year agreement were set out in a short letter drafted, according to the court, "with little legal assistance"....