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Shall I litigate or mediate? Options to consider when faced with the choice of a Judge or a Mediator
Posted: 8th January 2020
The days of hearing “I want my day in Court” have reduced with the reality of no guaranteed success and the fact that even a court room victory does not secure full recovery of the legal costs. It is rare for a successful claimant to be reimbursed all of their legal fees. If the defendant […]
Default Judgment? How to set it aside.
Posted: 9th December 2019
A default county court judgment is ordered when a defendant has failed to either pay a money debt or file an admission or defence within prescribed court deadlines (usually within 14 days, or 28 days if an acknowledgment of service has been filed). This type of judgment does not require a court hearing and is obtained […]
Director’s Duties – a duty owed to Shareholders?
Posted: 13th November 2019
Taking on the role of a company director brings with it a number of duties under the Companies Act 2006. They can be summarised as:- Duty to act within powers of the company’s constitution i.e. Articles of Association Duty to promote the success of the company Duty to exercise independent judgement Duty to exercise reasonable […]
What is legal privilege and can it be waived?
Posted: 7th November 2019
In litigation there are certain privileges which entitle parties to withhold producing evidence to other parties and the Court. Such evidence can be either written or oral. Legal advice privilege protects confidential communications between solicitors and their clients for the purpose of seeking or giving legal advice. The Court of Appeal in the case of […]
Concerned about Court costs? How to avoid litigation by including a mediation clause in your contracts
Posted: 12th September 2019
The High Court in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) (16 August 2019) determined that the parties were contractually bound to mediate their dispute before turning to court proceedings. Proceedings had already been issued and were put on hold, or stayed, by the Court to allow mediation to […]
Breach of Contract: Questions my solicitor could ask
Posted: 10th September 2019
You find yourself in a breach of contract situation and now seek help and guidance. Are you entitled to damages to compensate you and if so, how they will be assessed? When preparing to discuss this with your Solicitor, it is helpful to have the following information available. Damages are usually awarded to compensate for […]
If you are out of time, you are out of time – right?
Posted: 5th September 2019
Not necessarily. The Court of Appeal in the case Cowan v Foreman [2019] Civ 1336 provided that a claim for reasonable provision can be made out of time. Section 4 of The Inheritance (Provision for Family and Dependants) Act 1975 (“The Act”) provides that the deadline for making a claim is usually six months from […]
What is a Letter of Claim?
Posted: 3rd September 2019
A Letter of Claim, which is often referred to as a Letter Before Action is the first and most important step that must be taken before the commencement of any Court proceedings. Once drafted and sent, the Letter of Claim puts the Defendant on notice that the commencement of Court proceedings may be potentially brought […]
Contracts – Answering your questions!
Posted: 20th August 2019
We regularly advise clients on contract disputes. The following are some of the key questions we are asked- Do I have a contract? There are a number of elements to a contract; namely:- An Offer An Acceptance Consideration – best described as one thing exchanged for another e.g. a sum of money in exchange for […]
What is an indemnity and exactly how important is their inclusion in commercial contracts?
Posted: 6th August 2019
What is indemnity? In simple terms an indemnity is a form of contractual promise that seeks to provide for payment in the instance that a certain event or set of circumstances occur, which usually arises on a breach of contract. The purpose of an indemnity is to shift the risk of a potential breach on […]
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