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Top 10 tips to avoid litigation

Sarah Canning
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Have you ever asked yourself whether or not the dispute could have been avoided?  If so, the answer may have been that with the benefit of hindsight you would have done something differently. The following top 10 tips are to help reduce those times and...

Top 10 tips for responding to a dispute

Sarah Canning
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Do you or your employees know the best way to respond to a dispute, when one arises? Do you know what information you need or the processes you should undertake to respond effectively to avoid litigation? If the answer is ‘no’, then the following...

Construction Disputes: Is your Pay Less Notice valid?

Sarah Canning
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Construction Disputes: Is your Pay Less Notice valid? The Technology and Construction Court considered the validity of an Interim Payment Notice and Pay Less Notice in the case of Surrey and Sussex Healthcare NHS Trust v Logan Construction [2017] [EWHC...

Tax Evasion: Advisory firms at risk from new Act

Sarah Canning
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With potentially three months to go before the Criminal Finances Act 2017 comes into force, entities offering advisory services must now tackle the new list of measures put in place to tackle financial crime. Whilst the new powers include the sharing of...

Penalty Clauses - A case study

Sarah Canning
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Penalty clauses have been a source of much litigation over the years. The recent case of ParkingEye Ltd v Beavis [2015] UKSC 67 is a case in point. It has been a significant decision maker for contract lawyers and litigators when they’re advising...

Civil Proceedings Fee change in force as of 6 March 2017

Sarah Canning
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The Civil Proceedings Fees (Amendment) Order 2016 comes into force on 6 March 2017. This Order will have an impact on court hearing fees. Main changes to note This Order effects 2 significant changes which you need to know about:- it increases to...

To litigate or mediate?

Sarah Canning
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That is the question the Courts have firmly answered over recent years, resulting in solicitors having to advise their clients about the risks of failing to utilise alternative means of dispute resolution. Read on to find out more… Successful...

Litigants in person

Sarah Canning
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In some cases, an individual can represent him or herself without legal representation. The Law Society issued guidelines for solicitors who are acting for the other party in a case where such an individual is bringing and defending a claim without legal...

Brian May's claim brings cost proportionality into light

Sarah Canning
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Musician Brian May brought a claim against a neighbour's developer for nuisance arising from a basement development. The claim itself settled relatively early in the proceedings when May and his wife accepted £25,000 in compensation. A cost...

Libel claims - Statute and Social Media's Effects

Christopher Buck
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Since the enforcement of the Defamation Act 2013, there’s been a decrease in defamation cases. The Act is viewed to have raised the bar when an action was made against a publisher for making false statements. On the flip side, social media cases in...

The seemingly long drawn out process of evicting a tenant

Sarah Canning
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Local Authorities have been urging tenants to remain in their rented property until the bailiffs arrive in an attempt to reduce the number of homeless people they have on their lists. The legal process to removing a tenant Landlords who want to regain...

Bolton Wanderers facing winding-up petition

Christopher Buck
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Bolton Wanderers have been subject to a winding-up petition made by HM Revenue & Customs (“HMRC”) last December, 2015. The club is said to owe HMRC £2.2m and the club’s inability to repay this debt was the reason for the...

Regulations for terminating an Assured Shorthold Tenancy

Sarah Canning
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Regulations in relation to ending an Assured Shorthold Tenancy have come into force for any new tenancy starting on or after 1 October 2015. The new regulations will affect landlords wanting to serve Section 21 notices on their tenants as follows: ...

The need to continually reassess the strengths and weaknesses of your Claim

Sarah Canning
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The case of Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014) further demonstrates the need to continually assess the strengths of a case at all stages of the Court process. In this particular case, the...

Why you should act promptly if you receive a Court Judgment

Sarah Canning
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Businesses and individuals alike can find themselves being served with a Judgment in Default of an Acknowledgement of Court Proceedings being served. When faced with an Application to Set Aside such a Judgment, the Court considers a number of issues when...

FRC Practice Aid for Audit Committees - May 2015 update

Sarah Canning
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For accountants, bankers and audit committees in general there is new guidance from the Financial Reporting Council (FRC) which affects their audit responsibilities. These changes will also impact anyone who has audit and/or corporate governance...

AML Update: Channel 4 exposes Estate Agents as facilitators for money laundering

Sarah Canning
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The recent Channel 4 documentary “ From Russia With Cash ” has shown 5 London estate agents turn a blind eye to a potential money laundering scenario when presented with a corrupt foreign purchaser at a property viewing. The programme heightens...

When even Expert Witnesses in a case can be dismissed from the courtroom

Sarah Canning
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More often than not when we think of court rooms in conflict we think of that famous court room scene in a Few Good Men between Jack Nicholson and Tom Cruise. Classic “Prosecutor versus the Accused” (American Style). However, in real life, and...

Warning: exaggerate your Claim and you could face cost consequences

Sarah Canning
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It is important to value a claim accurately before taking your matter to court. It is essential because this vital step ensures that both parties base their pre-action and post-issue negotiations a factual position rather than the matter reach trial and...

Court Fees increase 9 March 2015 - what the claim fees are now

Sarah Canning
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The Ministry of Justice has increases it's fees for money claims as from Monday, 9th March 2015. The fee increases were  being challenged by The Law Society that cited that the proposals are tantamount to “selling justice” contrary to...

Changes to the rules of debt relief

Sarah Canning
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Business minister, Jo Swinton has announced that there will be changes to the rules of debt relief. It is believed that the changes are due to take effect from October 2015. The changes are intended to help financially vulnerable people access more...

An Alternative To A Wrongful Trading Action Sue A Director Personally

Christopher Buck
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Central to company law is the concept of the "corporate veil". Once a company is incorporated, it is an artificial legal person totally distinct from those who run and own it. Every law student is familiar with the case of Salomon v Salomon...

Landlord and Tenant - Recent Case Law Regarding Section 21 Notices

Sarah Canning
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In the past, Landlords have previously been faced with confusion as to whether to serve a notice pursuant to Section 21 (1) or Section 21 (4) of the Housing Act 1988, when giving notice to end an Assured Shorthold Tenancy where the fixed term has expired...

Advice for Commercial Landlords - What to Do When Your Tenant Company Goes Into Administration

Sarah Canning
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Commercial landlords historically found themselves in a difficult position when their company tenants went into administration. Many landlords had found tenant companies entering administration on the day immediately following a quarter day, thus avoiding...