Dispute Resolution
The strength of the mighty?
When a wealthy and powerful firm takes offence at the use of a trade mark small firms are placed in a tricky situation. Do they stand firm or, in fear of being sued, do they back down? In a recent case the little guy won. The Austrian company Red Bull claimed that a small Norfolk […]
Read moreIt’s not what you sign but the way that you sign it
In commercial dealings getting the names right can be critical and particularly in the case of when you are dealing with a company. In the recent case of Hamid v Francis Bradshaw Partnership the Court of Appeal had to decide whether a contract had been made with a company or with the person who signed […]
Read moreLandlords and Administrators- A continuing tension?
Since the Goldacre decision in 2009, the law has been clear that the rents and service charges falling due whilst a company is in administration (and is occupying premises for the benefit of the creditors), will be treated as an expense of the administration and thus likely to be paid ahead of creditors – provided […]
Read moreJudicial Review Reforms
The Government’s hotly anticipated reforms to the judicial review process were implemented yesterday. Judicial review is a legal process where an applicant with a ‘sufficient interest’ in a decision made by a public body can apply to the Court to ask a Judge to review the lawfulness of that decision. The Court in a judicial […]
Read morePull the other one
Historically, companies have often entered into liquidation far too quickly without considering the alternative methods available. One alternative to liquidation available to corporate entities is to propose a Company Voluntary Arrangement (CVA) to its creditors. A CVA is a written agreement dealing with the financial affairs of the company, which binds all the relevant parties […]
Read moreThere’s no such thing as a free game
The Consumer Protection from Unfair Trading Regulations 2008 (see Guidance here) seeks to protect consumers from unscrupulous selling tactics. In the age of the internet, particularly on smartphones and tablet computers, the public are given easy access to a vast array of potential purchases and the providers of such products have increasingly taken advantage of […]
Read moreKeep the faith
A recent judgment has reignited the debate about the extent to which a duty of ‘good faith’ should exist between contracting parties. Historically, the law has only recognised an implied duty of good faith in limited circumstances – such as in the context of insurance, contracts of employment and where a fiduciary relationship exists (for […]
Read moreFail to derail? HS2 Protesters Plan to Launch Appeal in the High Court
Back in February, we considered the positive and negative aspects of the proposed (and highly controversial) high speed rail link (HS2), particularly its effect on Leeds and the surrounding area. Fuelling the controversy surrounding HS2, earlier this month, one of the biggest ever Judicial Reviews was conducted in the High Court in relation to phase […]
Read moreSecret Courts: The thin end of the wedge?
It is not every day that we take a case to the Supreme Court (which replaced the House of Lords as an appeal court in 2009), but it does happen from time to time – we have a case there now. What the client can expect is a thorough and public analysis of their case […]
Read moreWhat would you do without your Right to Light?
There has been a lot of coverage in the news recently about the Right to Light and its potential demise, which seems to be part of an ongoing review of planning laws in England and Wales. Green Belt land has also been on centre stage recently. What is your Right to Light? It may be […]
Read moreBack over the hedge
As some readers may recall, in a previous blog I reported on how last year the Financial Services Authority (FSA) had ordered Barclays, HSBC, Lloyds and the Royal Bank of Scotland to conduct a review of sales of Interest Rate Hedging Products to small/medium sized businesses. The FSA required those banks to carry out a […]
Read moreThe Jury is out in the Vicky Pryce trial
The new jury of seven men and five women have retired to consider their verdict in the now infamous Vicky Pryce retrial. Ms Pryce, the former wife of disgraced ex cabinet minister Chris Huhne, has pleaded not guilty to perverting the course of justice. Ms Pryce is accused of taking speeding points for her ex-husband. […]
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