Dispute Resolution

6The recent case of Top Brands Limited and others –v- Gagen Dulari Sharma and others sets out the fiduciary duties a liquidator has whilst in tenure. Ms Sharma (“Respondent”) was appointed as the liquidator of Mama Milla Limited (“MML”) on 21 September 2011. Whilst in office, Ms Sharma made 18 transfers of money between 30 […]

Even the most experienced of people can make a mistake and for that reason claims against professionals for acts of negligence are not uncommon. Mistakes can be easily made but the consequences to a client can be devastating. To establish a claim in negligence you must prove that the professional owes you a duty of […]

Where a solicitor fails to act on a client’s instructions to draft a Will which results in a potential beneficiary being denied their inheritance, there is no claim for breach of contract as there is no contract in place between the solicitor and the potential beneficiary. However, an action in professional negligence may be possible […]

An important decision of the Supreme Court has opened the door to enable access to justice for religious institutions involved in disputes. The case of Shergill and Others –v- Khaira and others concerned the trusteeship and governance of two Sikh temples (Gurdwaras). Specifically, the power to appoint and remove Trustees of those Gurdwaras and the […]

The granting of an injunction is a matter at the discretion of the Court, who will consider whether there is a serious question to be tried; whether damages would be an adequate remedy; the balance of convenience between the parties; and whether the status quo should be maintained. Where the parties to a contract have […]

At the expiry of a contracted-out lease1relating to commercial premises, the tenant has no automatic right to remain in situ. Whereas, if the provisions have not been excluded then the tenant will be entitled to remain unless one of the parties has sought to determine the tenancy by a prescribed method. For the purposes of […]

The Department for Business Innovation & Skills (BIS) has published guidance for businesses on the new Consumer Protection (Amendment) Regulations 2014 (Regulations). In brief, the Regulations amend the Consumer Protection from Unfair Trading Regulations 2008 and give new rights of redress to consumers who are misled or coerced into entering contracts or making payments. The […]

In a previous article we looked at the employee invention compensation case of Unilever plc –v- Shanks, where the Court held that an employee was entitled to a fair share of his employer’s royalties derived from an invention over which the employer had secured a patent. However, a decision not to award any employee inventor […]

It was a battle fought in the Court room and in the media but is it right that the taxpayer has been left to pick up the bill? Earlier this year The Plantagenet Alliance was unsuccessful at the final hearing of its Application for Judicial Review seeking to challenge the decision of the Secretary of […]

The Riot (Damages) Act 1886 provides a right to claim compensation where premises are damaged or destroyed by rioters from the statutory body responsible for overseeing the local police. In a landmark decision, the Court of Appeal has awarded compensation for consequential losses, such as loss of profit or loss of rent, caused as a […]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’) come into force on 13 June 2014 and will apply to customer contracts concluded on or after that date. The Regulations will require important changes in the way retailers contract with customers. The Regulations affect retailers in different ways and distinguish between three […]

This morning the High Court has delivered its long awaited judgment in the infamous Richard III Judicial Review Claim and has held that the Ministry of Justice was not obligated to consult over the final resting place for the remains of Richard III. The judgment, which runs to 40 pages, was delivered by a three […]