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Disclosure Pilot Scheme

Louise Morran
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From 1 January 2019, a mandatory disclosure pilot scheme came into operation in the Business and Property Courts. The main aim of the scheme is to ensure that the process of disclosure becomes more proportionate and reduces the number of documents which...

To summon or not?

Louise Morran
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At the start of any litigation, individuals or companies may find that there are plenty of witnesses who are willing and able to provide witness evidence in support of their claim. However, with time, employees can move away and recollection of key events...

Late filing penalties

Louise Morran
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As a Company director you are expected to carry out many roles within your business including overseeing the filing of company documents at Companies House. In the past Companies House have been very lenient in respect of late filings which has meant that...

Third Party Debt Orders

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There are several ways to enforce a money judgment, and it is important to select the method which is best suited to the facts of the case. If the judgment debtor has extensive property assets, obtaining a charging order over one or more of those assets may...

Morality Clauses - who sets the standards?

Andrew Turner
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The role of morality clauses in contracts has been in the spotlight recently amidst the whirlwind of allegations surrounding the likes of Weinstein, Spurlock, and Spacey. Film distributors and publishing firms have been hastily reviewing their contracts to...

Unlawful fishing expeditions

Andrew Turner
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Fishing for information from the other side is a common feature of litigation.  Extracting admissions, acknowledgements and evidence from the other side is all part of the tactical scuffling that goes on in legal proceedings. The Court Rules allow you...

Arrogant professionals

Andrew Turner
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The case of Riva Properties v Foster & Partners concerned a successful professional negligence claim against the world-renowned architects, Foster & Partners.  It is a cautionary tale of the consequences of failing to follow a client’s instructions. Whilst the case concerns architects, it is applicable to professional advisers of any specialism.

Expulsions from an independent school - your child's rights?

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In this article we will look at the circumstances in which a permanent exclusion can take place, what the exclusion process is and what you can do to support your child. The right to expel a pupil derives from the contract between the school and the fee...

A £200 million loss? Not your typical mobile phone contract....

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In Phones 4U Ltd (In Administration) v EE Ltd , the High Court rejected EE Ltd’s claim for damages against Phones4U totalling £200 million. As outlined below, EE Ltd had made a costly mistake.   Phones4U and EE’s relationship was...

Social media: let's jump on the bandwagon

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A few weeks ago, the promoters of pop band Little Mix were sued under the Equality Act 2010 for failing to make reasonable adjustments in the form of providing a British Sign Language interpreter for a deaf concertgoer. The Claimant, a deaf mother, sued the...

Doping in Sport - considering the bigger picture

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When people hear the word ‘doping’ they automatically think of an athlete who was using prohibited substances to enhance his performance in a competition and therefore is a culprit worth banning from competing ever again. But what about the...

Sweet Relief

Andrew Turner
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The case of General Motors UK Ltd v The Manchester Ship Canal Company Ltd concerned a licence agreement which allowed General Motors to discharge surface water into the canal for a modest annual fee of £50. 

Sticks and stones may break my bones but words....call my lawyer

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With the rise of social media, it has become easier to share information and to do so quickly and without much forethought. The phenomena that is social media has made it far easier for individuals to look up reviews of everything, from restaurants and bars...

The Privilege of Fools

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Parties to litigation in England and Wales have an obligation to disclose to the other side all documents which are in their control and which are relevant to the litigation. This obligation extends to documents that assist the disclosing party’s case...

The Court cracks the whip

Victoria Raven
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A recent case has provided a stark warning to potential defendants that they should pay close attention to court documents and act promptly ( Royal Brompton and Harefield NHS Trust v Shaikh). In this case, the claimant served a claim on the defendant,...

Without prejudice - so what?

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Many myths and misunderstandings surround the issue of without prejudice communications. What is a without prejudice communication? Without prejudice communications are commonly exchanged in relation to the settlement of disputes. When attempting to...

Costs in the Small Claims Court

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It is generally accepted that when you bring a claim in the Small Claims Court, you cannot recover your legal costs from the other side if you win. That works both ways. A defendant may happily defend an indefensible claim and make life a misery for a poor...

Your Questions Answered - April 2017

Andrew Turner
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A debtor owes both me and another creditor, jointly, an unpaid debt. I have discussed taking court action against this debtor with my fellow creditor but he is unwilling to go down that particular route. Am I entitled to go it alone? The other creditor...

Experts: the importance of independence

Victoria Raven
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In a large number of cases that litigate, expert evidence is required. Expert evidence is evidence of technical or scientific matters, provided by an independent expert witness with expertise in his or her field. It is usually used to assist the court when...