In the case of Corbiere Limited v Xu , the Court ordered a defendant to surrender his passport until he had complied with a disclosure order requiring him to disclose the location of certain confidential information that he had obtained unlawfully. The...
Last week saw the final hearing of an application for permission to appeal in the long running ‘Holocaust fund’ case of Hamilton v Hamilton . The court’s judgment included interesting guidance for those who seek to adduce new evidence...
Hughes Paddison’s Head of Litigation, Rachel Stewart, represents the claimant (ARB) in a much publicised High Court case in which a father sued an IVF clinic for over £1 million, after a frozen embryo was thawed and implanted into his...
Hughes Paddison’s Head of Litigation, Rachel Stewart, represents the claimant in a much publicised High Court case in which a father is suing an IVF clinic for over £1 million, after a frozen embryo was thawed and implanted into his...
In the case of Marathon Asset Management LLP v Seddon, the trial judge stated that “ punishment and deterrence are not purposes for which damages for civil wrongs can be awarded in English law ”. In this case, the claimant was one of three...
Judgment was handed down this week in Heather Ilott’s battle in the Supreme Court involving her claim against her late mother’s Estate. Mrs Ilott had been disinherited and was doing battle with charities that her mother had chosen to be...
If you are owed money and the debtor sends a cheque stated to be in “full and final satisfaction” of the debt, you must proceed with caution. The temptation will obviously be to cash the cheque and pursue the balance, but can you do this? The...
A High Court judgment was handed down on Friday in favour of our client, the sister in the well publicised case of Hamilton -v- Hamilton. The case involved a brother and sister arguing about £3.2M of assets held offshore in a Liechtenstein Foundation,...
As of the 1 October 2015, the minimum level of debt that can trigger bankruptcy has risen from £750 to £5000. This is the first increase of the bankruptcy threshold since it was set 30 years ago. The new rules mean that you can no longer serve...
Consumer law has changed, with the new Consumer Rights Act (“CRA”) which came into force on 1st October 2015. The Act is exclusively about consumers doing business with traders, and will affect both consumers and businesses selling to consumers....
The ability to make a formal offer to settle a dispute, without that offer coming to the attention of the court, is an essential tool in any dispute resolution armoury. There have however been many examples of the ‘Without Prejudice’...
Leading Gloucestershire law firm, Hughes Paddison, has recruited Andrew Turner to boost the company’s litigation team. Andrew, who lives in Cheltenham, has spent the past 7 years as Senior Associate in the Property Litigation team at Harrison Clark...
Contractual disputes can arise before, during or after parties have entered into a contract. Disputes with suppliers or customers can quickly become a problem, and can end up being a serious distraction and a cause for concern. If a problem arises, it...
What happens if you go to Court and obtain Judgment but your opponent refuses to pay? What options are open to you for enforcing the Judgment you have obtained and getting your money back? First, a warning. If the other party is unemployed or...
On 1st April 2013 the Civil Procedure Rules which govern civil litigation in England and Wales were amended by virtue of what are known as the ‘Jackson Reforms’ (after Lord Justice Rupert Jackson). The reforms change the way in which litigation...
Rachel Stewart examines the law in relation to refunds, repairs and replacements from a retailer’s perspective. The Sale of Goods Act 1979 covers a broad range of retailers and goods. As a retailer you need to be fully aware of your...
Rachel Stewart has been appointed a Deputy District Judge by the Lord Chancellor, and has been assigned to the Midland Circuit to deal with civil and family proceedings. In accepting her appointment Rachel joins her fellow Director, Mark Paddison,...
Alison joins the department as a legal assistant, prior to her qualification as a Fellow of the Chartered Institute of Legal Executives in October 2013. She has been studying and practising in the legal field for 5 years, and has gained valuable, practical...
In this financial climate many businesses face difficulty securing payment of debts. Invoices can take months to be satisfied. They are often ignored completely, or provoke a host of unreasonable excuses. Providing goods or services ‘on...
Losing a loved one is a tragic situation which is both emotionally stressful and upsetting. At this time no amount of money can compensate you for your loss, but it can help to ease the financial burden which arises from this unexpected situation. A...
Court decision: OFT - v- Ashbourne Management Services Limited As the festive season approaches the temptations increase: a mince pie here, a gluhwein there, not to mention the big box of chocolates you receive on Christmas day and can’t seem...
In today’s economic climate, more and more people are opting to undertake home improvements rather than move house. Often, people will opt to employ builders, hoping to ensure the work is done well. This will involve entering into a contract. Contracts...
An important decision was reported recently in the case of Shovelar & others v Lane & others [2011] , when the Court of Appeal confirmed that the general rule in civil litigation that ‘costs follow the event’ (i.e. the loser pays the...
Rachel steps up to new Director role at Hughes Paddison Cheltenham based Hughes Paddison has announced the promotion of one of its solicitors, Rachel Stewart, to the role of Director. She joins their senior management team on 1 July 2011. Rachel first...
It is a fairly common occurrence for leasehold management companies to be struck off the register at Companies House for failing to file statutory documents (usually annual returns). This typically occurs with small owner-managed properties where the...
Becoming embroiled in a legal dispute can be an expensive process. Cost may be the deciding factor in whether an individual or a business takes action when faced with a problem. However, there are alternative methods of funding, and cost need not be an...
As part of our continued investment in the firm’s IT structures, we have just completed installation of a completely new firm wide hardware and software development covering both front and back office functions. This six figure investment is...