Dispute Resolution

In the recent anonymised case of NPV v QEL & ZED the High Court made the unusual decision to allow an Injunction Order to be served by text message. The case concerned a claim for misuse of private information and harassment against two Defendants alleged to be blackmailing the Claimant (NPV). NPV was a successful […]

In litigation the Civil Procedure Rules (the Court rules which govern civil cases) stipulate that if a Claimant discontinues his claim once proceedings have begun then he is liable to pay not only his own costs but also his opponent’s costs incurred up to the point of discontinuance. However, the High Court case of Harrap […]

Most commercial contracts will include a clause known as an “Entire Agreement Clause”. The Clause is used to signify the intent of the parties that the written terms of the Contract should represent the agreement between the parties in its entirety and that it will supersede all preceding agreements, negotiations, or discussions that have not […]

A recent case (Thirunavukkrasu v Brar and another [2018] EWHC 2461 (Ch)) has confirmed what property litigators have long suspected – that is, if a commercial landlord exercises the “CRAR” procedure (see below for further detail), and then attempts to forfeit the lease for the same arrears, the forfeiture will be unlawful, the lease will […]

The phrase “time is of the essence” is one which sometimes appears in contracts but what does it mean and, more importantly, what are its effects? If time is of the essence for a contractual obligation in a contract then this means that the deadline is a condition of the contract rather than merely a […]

The recent case of Dove v London Borough of Havering highlights what evidence the Court requires if a trial or hearing is to be adjourned on medical grounds. The Doves were twin sisters who were joint tenants of a Council flat in Romford.  Their landlord, Havering LBC, claimed possession of the flat on the grounds […]

Indemnities and Guarantees are both a form of what the law terms as suretyship.  A surety is a person who is liable for the payment of another person’s debt or the performance of another person’s obligation in the event of the failure by that person to comply with his obligations. An indemnity is a contractual […]

A partnership is essentially a business run by two or more people with a view to making a profit.  Unlike an incorporated company it is very simple to set up a partnership.  In fact a partnership can be formed by an oral agreement between the parties without any paperwork involved.  Indeed, many people do not […]

Most Traders work very hard to establish goodwill in their business.   Goodwill is the reputation which a trader builds up in relation to specific goods or services which attracts customers.  If a competitor tries to steal that goodwill then, in legal terms, it is known as “passing off”.  Passing off occurs where a person or […]

Delayed rail passengers will now be given stronger rights to claim consequential losses, including taxi fares, hotels and missed flights following train cancellations and delays. Currently the National Rail Conditions of Travel (NRCoT) govern rail travel and this allows operators to refuse claims for consequential losses. From Sunday 11 March 2018, the NRCoT will be […]

If someone makes a false statement about an individual/company then that statement could either be defamatory or a malicious falsehood, either of which could lead to a claim for damages and/or an Injunction against the wrongdoer. But what is the difference between defamation and malicious falsehood? Defamation A statement is defamatory if it tends to […]

In a surprising decision to some, the High Court has ruled that a Russian businessman living and working in Russia is domiciled in England and therefore subject to the jurisdiction of the English courts. In the case of Bestolov v Povarenkin, Mr Bestolov brought proceedings against Mr Povarenkin in England seeking repayment of a debt […]