Dispute Resolution

There is a lot of money in ideas. I’m not talking about inventions, necessarily, but the works of human imagination that are so frequently the subject of copyright and intellectual property disputes. This is a formidable and specialised area of law that covers everything from knock-off clothes appropriating designer labels, to traders or artists innocently […]

The cornerstone of the English criminal justice system, trial by jury, is under scrutiny this week after a jury were described as having “absolutely fundamental defects in understanding”. The jury of eight women and four men had been part of the case of Vicky Pryce who has been accused of accepting speeding points on behalf […]

This year will be busy for the Commercial Dispute Resolution Department, not least because of a case that is heading to the Supreme Court which will provide a ruling important to all religious charitable institutions and religious institutions which have a Supreme Head. The case relates to the Birmingham and High Wycombe Gurdwaras (Sikh Temples) and […]

It’s no news that social media sites are a rich mine of personal data for marketing departments and unscrupulous identity thieves alike. However, recent news shows that US Defence contractor Raytheon is taking the next logical step. In a move eerily reminiscent of sci-fi film Minority Report, new software may be able to use online activity […]

A recent Court of Appeal decision has provided a word of warning to those who shy away from the cost of instructing a solicitor and attempt to ‘go it alone’. Often this approach results in solicitors being instructed later on in the proceedings as the matter gets too complicated to manage. The case of Bank […]

Until now claimants have had to “opt-in” if they wanted to be part of a collective litigation action before the Competition Appeal Tribunal (CAT), which would deal with such claims as those alleging unfair pricing amongst utility companies. However, the Government reforms herald the introduction of ‘opt-out’ collective actions. Under the opt-out regime, claims would […]

When negotiating the purchase of a business, it is usual for provisions dealing with post-completion restrictions on the seller to be limited to 2-4 years from the completion date. These restrictions cover matters such as the non-solicitation of customers, suppliers and staff, and competition with the buyer. It is commonly held that a period of 2-4 […]

Amidst the recent controversy over the tax avoidance schemes of large profitable corporations, and the resulting scrutiny by tax inspectors, questions were raised as to whether advice given by an accountant could be protected by privilege in the same way that such privilege attaches to advice given by a solicitor. Communications between a client and […]

This week the European Court of Human Rights gave its ruling on a quartet of cases loosely bundled under the heading of religious rights (in this case, Christian rights, although the court decision sets a precedent for similar issues regarding any religion). What is surprising is not the decisions themselves, but the media response. For […]

In commercial contracts, it is common to have clauses providing that a party will use its “best or reasonable endeavours” to perform an obligation. When agreeing endeavours clauses, businesses need to be vigilant as to the scope of the clause and consider exactly what fulfilment of the clause will entail. A poorly drafted clause can […]

For over 100 years, the law has recognised that companies have a distinct legal personality from their directors and shareholders. This means that the individuals behind a company or a limited liability partnership are shielded from personal liability by a ‘corporate veil’ and will not usually be held liable for the acts or omissions of […]

So you’re all best friends now and, in any case, it’s all about the music, man! However, as members of The Smiths would probably tell you, it’s worth taking some time to think about your legal relationship with your fellow band members, preferably before the band is making any serious money. In fact, this can […]