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Dispute Resolution

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No money back, no guarantee…

In the recent case of Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2014], the Court of Appeal has just made a ruling that may leave commercial tenants feeling short-changed. The claim arose following the successful exercise by M&S of the break options in leases of an office block in […]

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Let the record play

In the High Court case of Ashworth and others v The Royal National Theatre the Claimants, a group of musicians, were unsuccessful in their application for an interim injunction to require the Defendant, The Royal National Theatre (RNT), to continue to engage them in the production of War Horse until the hearing of their claim […]

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Landmark ruling on squatters’ rights

A squatter has won a landmark victory for “squatters’ rights” after applying for possession of a property in Ilford, East London, on the basis that he had been in “adverse possession” for a period of 10 years ending on the date he made his application. Facts of the Case The property belonged to Doris Curtis, […]

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The Defamation Act 2013 – Part III

Part 3 of our blog looks in more detail at the new procedure for complaints about defamatory material on websites: Section 5 of the Defamation Act 2013, was heralded as a great new way of dealing with the problem of anonymous or pseudonymous posts online. It provides a procedure which, if followed by the operator […]

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GPs: ‘One Examination too Far’ for Race Equality

The British Association of Physicians of Indian Origin (Bapio) has this week been unsuccessful in its Judicial Review claim against the Royal College of General Practitioners (RCGP) and the General Medical Council (GMC), the doctors’ regulatory body. Racial discrimination allegations sparked the Judicial Review claim, and began last Tuesday at the Royal Courts of Justice […]

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A supreme victory for consumers

The Supreme Court in London has today delivered judgment ending a 16-year dispute for Mr Richard Durkin over a laptop bought from the Aberdeen branch of PC World. In 1998 Mr Durkin bought a laptop for £1,499and took it home in a sealed box. He was assured that the laptop would contain an internal modem, […]

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Your will be done

The Law Society has issued formal guidance on making a “Sharia compliant” Will. This initiative by the Law Society has come under attack by campaigners for secularism, who accuse the Law Society of assisting discriminatory practices which deny women an equal share and excludes “illegitimate” children or unbelievers. The guidance was published earlier this month […]

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Have you settled without knowing it?

A recent High Court case provides a cautionary tale for those who are not careful in finalising terms of settlement. It is often tempting to avoid the expense of instructing lawyers, particularly in a dispute where it appears that a settlement can be agreed fairly swiftly. However, the case of Newbury v Sun Microsystems underlines the […]

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York v Leicester: Let battle commence….

Today sees the start of the delayed two day final hearing in the Judicial Review claim brought by the Plantagenet Alliance (PAL) to challenge the decision of the Justice Secretary to grant the University of Leicester an exhumation licence permitting them to reinter the remains of Richard III at Leicester Cathedral (“the Licence”). The PAL […]

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Battle GAME: Court of Appeal makes a big decision of when administrators must pay rent

A decision has been handed down from the Court of Appeal in the case of Game Station (Jervis v Pillar Denton). The decision granted landlords Land Securities, British Land, Hammerson and Intu the right to recover rent from administrators that operated a retail business as a going concern whilst a buyer was sought despite the […]

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Make no bones about it: The story continues

In 2013 I blogged about Richard III and the Judicial Review claim that has arisen since the discovery of his remains in a council car park in Leicester. The final Hearing of the Judicial Review claim was listed to take place on 26 November 2013 and everyone expected a resolution to this unfortunate dispute. But […]

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Twitter libel – Courtney Love succeeds in ‘Twibel’ trial

After a case which bore all the hallmarks of US litigation, Courtney Love, the often-outspoken singer and wife of the late Kurt Cobain, successfully defended a libel claim brought against her by her former lawyer. The claim was for damages in the region of $8m, it lasted for almost two weeks and attracted nationwide interest. […]

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