Dispute Resolution
Defender of parents’ rights or enemy of the state
As any parent will know, booking a holiday outside term time can be an expensive business, whether or not you plan to travel abroad. A recent judgment has put the issue in the spotlight once again. In what could be a landmark case with wide-ranging impact, the High Court has upheld an earlier decision that […]
Read moreBristol Rovers 0 – Sainsbury’s Supermarkets 1
The phrases “to use all reasonable endeavours” and “to act in good faith” are legal terms that can often be found in contracts. But what do they actually mean? This was a question which the Court of Appeal had to consider in the case of Bristol Rovers v Sainsbury’s Supermarkets. Sainsbury’s had agreed to buy […]
Read moreAnimal photos, human rights
We’re used to the idea of people and organisations seeking injunctions to prevent the publication of damaging stories – celebrity injunction cases are the stock in trade of the courts these days, with claimants who are simultaneously famous and unnamed attempting to keep details of their lives (and loves) out of the public eye. A […]
Read moreBrexit: The implications for dispute resolution
On 23 June 2016, the people of the UK voted to leave the European Union (EU). The withdrawal of the UK from the EU is a process which is likely to take a number of years. Until details of the UK’s exit have been hammered out, the legal implications for dealing with cross border disputes […]
Read moreWhen the bite is worse than the bark
At one point or another, the unfortunate amongst us, have had to put up with noisy neighbours. In the recent case of Cocking -v- Eacott, the noisy neighbour in question was a pet terrier owned by Ms Eacott. Ms Eacott’s neighbours, Mr & Mrs Cocking, complained about the excessive barking of her dog and brought […]
Read moreCybercrime
Cybercrime is the fastest growing area of crime in the world, as criminals find and exploit internet loopholes, and take advantage of people doing business at a distance using only electronic communication. The most common classes of cybercrime are online harassment, hacking (direct attacks on internet security), identity theft and phishing (tricking people into providing […]
Read moreA ‘Gentleman’s Agreement’ can be binding
In English law informal oral agreements can be binding between parties if there is an “intention to create legal relations”. This was the position in the case of Corporate Oil and Gas Limited -v- Marshall Aviation Services Limited which was decided by the High Court towards the end of last year. The Claimant was the […]
Read moreNo longer a frolic of his own
The Supreme Court gave a landmark judgment in the case of Mohamud v W M Morrison Supermarkets Plc recently when it extended the law on vicarious liability. Vicarious liability refers to a situation where someone is held responsible for the actions of another person. A common example is where an employer is liable for the […]
Read moreThe perils of understating the value of your claim
The dramatic increase in court fees last year has resulted in fears that access to justice is being restricted. One of the consequences of this is that some claims (particularly high value personal injury claims) are being issued with lower statements of value than the real value of the claim in order to attract a […]
Read moreBeware the repair! – Top tips for limiting your liability
About to take on a lease of commercial premises? Make sure you are aware of the repair liability you are taking on… An FRI lease is the abbreviated term for a lease which imposes full repairing and insuring obligations on the tenant, relieving the landlord from all liability for the cost of and repairs. Most commercial leases will place […]
Read moreIs an email exchange enough to vary an agreement?
Written commercial agreements are critical to the operation of businesses and are designed to give clarity and certainty to the parties regarding their rights and obligations in connection with the same. As such, ordinarily agreements of this nature contain a standard clause that any variation to the agreement must be in writing and signed by […]
Read more‘It’s good to talk’
Litigation is an expensive process which is why the courts encourage parties to try to settle their disputes. The Civil Procedure Rules (the court procedural rules that govern civil cases) set out the steps which the parties must take before proceedings are issued. These are known as “Pre-Action Protocols”. The aim of the Protocols is […]
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