Dispute Resolution

With the government beginning to lift some of the restrictions imposed after the COVID-19 outbreak, a number of businesses are able to trade again for the first time in three months. However, the severity of the economic downturn caused by the pandemic is likely to hit many businesses hard and some will not survive. When […]

Our previous blog post, ‘Stay on possession and enforcement proceedings extended to 23rd August’, considered how the current moratorium on possession proceedings brought in the courts under part 55 of the Civil Procedure Rules (CPR 55) was recently extended. There is however a further possibility which should be considered in respect of business tenancies: whether […]

You may have read our previous blog post on Force Majeure Clauses and whether they could be relied upon by a party who is unable to fulfill his contractual obligations as a result of the COVID-19 pandemic. A recent case The recent case of 2 Entertain Video Limited v Sony DADC Europe Limited has clarified […]

In an effort to combat the coronavirus, all possession proceedings brought in England and Wales were stayed for a period of 90 days from 27th of March 2020. This rule was imposed by a Practice Direction in the Civil Procedure Rules (the procedural rules which govern civil cases) made by the Master of the Rolls […]

Businesses around the world are being disrupted by the coronavirus outbreak due to supply disruptions, workforce constraints from sickness and self-isolation measures, as well lockdowns and the restriction on the movement of people imposed by the Government. Where possible, businesses are asking their employees to work from home. However, in light of these difficulties businesses, […]

The terms “without prejudice” and “subject to contract” can often be found in legal correspondence or documents; but what do they actually mean and what is their legal significance? Without Prejudice Generally, statements which are made in an attempt to settle a dispute are “without prejudice” and as such they can’t be referred to in […]

The intention to create legal relations is an essential part of any contract. Without such intention the contract can’t be formed, and contract disputes can arise. This issue was considered by the High Court in the Case of MacInnes v Gross. The Case Bruce MacInnes (an investment banker with Investec) claimed that the sum of […]

The growth of Airbnb and other similar online marketplaces has seen a huge rise in the number of leasehold property owners renting out their rooms, and homes, as an alternative option to staying in a hotel. However, are short-term lettings of this nature putting leaseholders in breach of their Lease? This was the issue which the […]

There isn’t a day that goes by where Brexit isn’t in the news, so it’s unsurprising that a tenant has attempted to use Brexit as a reason for terminating a Lease early by claiming that it has been frustrated by Brexit. The legal doctrine of frustration enables a contract to be brought to an end […]

The recent High Court case of Asturion Foundation v Alibrahim has clarified the significance of the term “warehousing” in the context of civil litigation. Warehouses and litigation are two words that are not often associated with one another. However the practice of putting a claim on hold without ever intending to pursue it is commonly […]

The vast majority of residential tenancy agreements in this country are Assured Shorthold Tenancy Agreements. Under these Agreements tenants do not have security of tenure.  This means that at the end of the fixed term of the tenancy, the landlord can obtain possession of the property once he has served the tenant with the appropriate […]

In litigation, it’s sometimes necessary to obtain evidence from an expert to support your case (for example in a boundary dispute it may be necessary to instruct a surveyor) but who does the expert owe their duty to? You would have thought that it would be to the party who is instructing the expert; after […]