Archive of Legal Developments - Litigation Dispute Resolution
May 2011
March 2011
November 2010
October 2010
July 2010
June 2010
May 2010
February 2010
August 2009
June 2009
March 2009
January 2009
November 2008
- Insolvency of a foreign company - Do English courts have jurisdiction?
- Court proceedings commenced - Will arbitration still be available?
October 2008
- Judgment obtained - Use of second action to enforce first judgment
- International businesses and worldwide freezing injunctions
September 2008
- Including arbitration clauses in consumer contracts - Beware!
- Members winding up petition - Alternative remedies available!
August 2008
July 2008
- Parties choosing to be joined as respondents in an appeal may have to pay their own costs
- How to complete the claim form to enforce arbitration awards
- The 'without prejudice' rule
June 2008
- ADR - The impact on costs
- New rules for experts
- Insurance information, to disclose or not to disclose
- Expert’s decision still valid despite errors
- Bank charges test case
May 2008
- Perjury and forgery by both sides in a court case!
- Personal injury damages can be awarded for public nuisance?
- Privacy claims and photographs of children
- Damages for noisy motor racing
April 2008
- Extending time?
- It is difficult to obtain an injunction over material published on the internet
- 2012 Olympics Independent Dispute Avoidance Panel
- Criminal liability of partnership as independent entity
March 2008
- Make sure your agreement matches what was negotiated
- Privacy law - The naked Sienna
- Community design right - Defence of innocent infringement not available
- Court fees may contravene human rights
- Professional negligence claims – beware the ticking clock
- Family Trust disputes – can the beneficiaries view a letter of wishes
February 2008
- IFA challenges unreasonable ombudsman charges
- BA counts the cost of price fixing
- Expired warnings – Can employer rely on them?
- Advocate General bursts O2 Bubble
January 2008
- Revenue defeated in landmark tax case
- Contracts - pay close attention to arbitration agreements
- Iranian criminal law enforced in UK court
- Changes to court dress codes
December 2007
- Accountants’ advice not as confidential as lawyers’
- Courts wary of questioning decisions of public authorities
- Report showing court activity released by MoJ
- Solicitors’ costs – Estimates not binding
November 2007
- Bringing a negligence claim – keep your eye on the time
- Judge considers effect on solicitor before making an order
- Consumers protected when using credit cards abroad
October 2007
- FA has to pay for time wasting
- Boost for journalists from Court’s decision
- Own goal by developers sees agreement set aside
- Red Bull rivals not given wings by WIPO
- Claimant can’t go back after accepting a withdrawal of the defendant’s admission
September 2007
- Time is money so don’t be late!
- Beware of what you agree to in a contract
- Duty to point out other party’s mistakes?
August 2007
- Does J.K. Rowling need an invisibility cloak?
- Corporate merger prevented where expert duties conflict
- Confidential information in Court judgment
- Indemnity costs – Fishing for arguments
July 2007
- Multi-party settlements – Bring everyone to the table
- Claiming mistake in order to amend a statement of case
- Part 36 offer – Damages award as advantageous as offer?
- Comparative advertisement – interim injunction
- The Smoking BAN
June 2007
- Service of claim form - Don’t leave it until the last minute
- Skipping courts
- Can third parties hide behind an arbitration agreement?
- No business in England – No jurisdiction of English courts
May 2007
- Life could be so easy… if there was a jurisdiction clause in every contract
- Can providing finance amount to tort of inducing breach of contract?
- Victimisation – “It’s your fault if the kids don’t get anything to eat”
April 2007
- Libel – Shut up or you will make it worse!
- What happens when an ET member falls ill?
- Can a current employee be an impartial expert witness
- Forum shopping in online defamation cases to increase
- Damages for RTA injuries sustained in New South Wales calculated in accordance with English law
March 2007
- Court of Appeal allows counterclaim to proceed in light of potential change of law
- UK Sex Discrimination laws held insufficient
- Is an arbitrator’s decision really ‘final and binding’?
- Privy Council rules on champerty claim
February
- How to extend the statutory limitation period
- Landlords - Bringing a claim against the occupier where the assignment of the lease was never completed
- Service within the jurisdiction when the defendant is abroad
- Update: Civil Procedure Rules
January 2007
- Service of claim form on company Service of claim form on company
- When is relying on arguments used in previous proceedings an abuse of process?
- Check your fax machine before you speak to a solicitor
- Limitation period does not start to run until damage occurs
- Enforcement of a Turkish judgment in English courts
December
- Damages for loss of profits
- Public access to court documents
- The Tribunals, Courts and Enforcement Bill is published in House of Lords
November 2006
- How should a tribunal chairman deal will allegations of bias?
- Rules on pre-action admissions to be changed
- Service of claim form on wrong address not automatically invalid
- Defendants - If you wait too long before admitting a claim it will cost you
- Claimants are not responsible for any delay by the court in processing a claim
October 2006
- The University of Oxford's struggle for a new research laboratory
- UK companies facing rising number of lawsuits
- Negligent advice - Liability in tort and contract
September 2006
- Disgruntled ex-employee sentenced for computer attack
- Part-time work - eligibility to join pension schemes
August 2006
- Extension of a residential lease - when can the landlord validly object?
- Solicitor allowed to rely on Counsel's advice
July 2006
- An Admission Without Prejudice - Defeating The Statutory Bar!
- Obey court orders or there will be consequences!
June 2006
- Refusal to settle - unreasonable litigants penalised in costs
- When can the House of Lords overrule itself?
- Libel on the Internet - is this a general publication?
- Possession Proceedings: Mixed Premises = Residential Proceedings
- Ill Health Pension - When should evidence be considered?
May 2006
- Judgment in Default: 'I didn't go because I didn't know!!'
- Limitation
- Bank of England gets indemnity costs
April 2006
- Ambushed joint tenants - is there no hope?
- Costs Proceedings: 'Resolved' the same as 'settled'?
- Pensions Proceedings: Trustee's Discretion
- When should a theoretical appeal be heard?
March 2006
February 2006
- Choice of Court - The Dangers of Issuing Proceedings In The Wrong Court
- Can legal costs be paid out of reserved funds?
- Costs-is reasonableness adequate protection?
January 2006
- Limitation - When does time to start run?
- Building Contracts - ACE Conditions?
- Arbitration - Jurisdiction Limited By Arbitration Clause
- Injunctions - A Matter of Certainty?
- Can parties to litigation agree whether the Defendant is liable?
- Professional Privilege-what does this cover?
December
- Non-party costs order - No impropriety necessary
- Costs Savings - Video Conferencing should be considered
- Costs - can a limit be imposed?
November 2005
- Beware of using litigation to further hidden aims
- Mediation-can this be by court order?
- Does a Solicitor provide a guarantee to the court that their client's name is correct?
- Mediation-can what happened be revealed?
October 2005
- Patents: can a co-proprietor grant rights to a third party?
- Vexatious Litigant barred!
- Patents: can a co-proprietor grant rights to a third party?
- Hunting Act - a valid Act of Parliament?
- Costs - when is a losing claimant entitled to protection?
- Civil Procedure Rules Updated
- Nuisance: Storing Inherently
- Service Charges; Judgement on all parts?
September 2005
August 2005
- Appeals: The Right To Be Heard - Somewhere!
- Penalty Clauses: Update
- Compromising Claims: Victimisation?
July 2005
- Bankruptcy - Moving to Spain
- Consumer Credit Agreements: The Danger of Requiring Insurance
- The Parties Argue and the Judge Decides...
- Unlawful Interference With Contractual Relations: It's The Thought That Counts!
- Claiming Pre-Action Costs?
- The Right To Be Heard - Not Without Limits
- Consumer Credit - There's No Getting Round It!
- Occupiers Liability - Tradition Vs Safety?
June 2005
- Admitting Evidence Late
- Fair Trial: - After 15 Years?
- Professional Funders - The Cost of Doing Business?
May 2005
- The Sound Of Copyright?
- Limited Liability Partnerships - Winding Up
- Cases Do Not Change The Law...
- But He Did It Before!! - Similar Fact Evidence In Civil Trials
- Injunctions Restraining Publication Of Confidential Information
- The Importance Of Co-Operation
- When Is An Admission Not An Admission?
April 2005
- Professional Negligence and Financial Advice - A Judicious Approach?
- Consent Orders - I Didn't Agree To That!?
- Supreme Court by 2008
- Exclusive Jurisdiction - The End of The Story?
- Insolvency Claims - A Practical Approach Is Best
March 2005
- Partners and Profits - The Fallout
- Copyright - You Have To Have It Before They Can Breach It!
- Under the (Undue) Influence??
- Contract Update
- When is a Trademark not a Trademark? - A Cautionary Tale
- Freezing Injunctions - UK Relief in Foreign Proceedings
- Construction Contracts - There is a Time for Adjudication.
- Jurisdiction - A European Problem, A Worldwide Solution??
February 2005
- Copyright News
- No Limit On Judgment Debts In Insolvency Proceedings
- Civil Evidence -Why I Can’t Attend Court …
- Possession Proceedings For Arrears of Rent - A Ray of Hope For Landlords?
January 2005
- Trial By Judge, Not Trial By Expert
- Property Owner's Liability - Common Sense At Last?
- When Attempts to Settle Go Wrong.
- Right To Roam – Liability of Landowners
December 2004
- No More Cantankerous Judges?
- Costs Of Proceedings - Increase in Court fees
- Right to Reputation vs Freedom of Speech
- Insolvency - Debtors should take care in what they give away!
- You Can't Make Me Bankrupt - I Don't Live Here!
- Possession Proceedings - Broken Promises - Damages Or The Right to Stay?
November 2004
- Holders of Frozen Assets - Don't Touch or You May Get Burnt!
- One Rule for Us. Professional Negligence
- A Question of Construction - Collective Agreements
- Publish and be Sued - But Where?
- Interim Restraint Orders - The Human Rights Angle
October 2004
September 2004
Spring 2004
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