Home > Legal Opinions tagged Commercial dispute resolution

  • franchising – assessing ‘good faith’ and ‘protected business’ rights

    Gordon Monaghan

    In the recent case of Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors the High Court granted the claimant franchisor injunctive relief to enforce restrictive covenants and the ‘step-in’ provisions under a franchise agreement. This was despite arguments put forward by the defendant franchisee that the franchisor had breached an implied obligation […]

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  • beware of leaving costs in settled cases to the court to decide

    Chloe Poskitt

    The recent case of RG Spiller Ltd v Derhalli highlights the dangers of leaving the issue of costs to the court when the substantive issues have been resolved. The claimant had previously sought and obtained a limited injunction against the defendant. The parties eventually settled and the consent order included a provision giving the parties […]

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  • no costs recoverable for small claims in the Court of Appeal

    Gordon Monaghan

    The costs decision in the Court of Appeal case of Akhtar v Boland has decided that the ‘no costs’ rule for small claims cases applies to the costs of any appeal to the Court of Appeal. The Civil Procedure Rules are very clear in stating that in relation to cases which have been allocated to […]

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  • Insurance Bill – the grand unveiling

    James Gibbons

    HM Treasury is to shortly introduce the Insurance Bill 2014 to Parliament, which it hopes will be passed before March 2015. The Bill will see major changes to how the commercial insurance market operates. For instance: insureds will be under a new duty to make a ‘fair presentation of the risk’, remedies available to insurers […]

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  • another day, another Mitchell decision…

    Nichola Evans

    Another day, another interpretation of Mitchell. In the case of Scotbert Gordon v Osra Fraser (No.1) (2014) the court was faced with the situation where the parties had extended time for service of witness statements on several occasions before the defendant, almost three months after the date for service of witness statements, simply served a […]

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  • Law Commission seeks final touches to insurance contract law bill

    James Arrowsmith

    As part of its ongoing work to reform insurance contracts law, the Law Commission has published its draft Bill dealing with duties of disclosure prior to non-consumer insurance contracts, warranties, insurance fraud and late payment of premiums. The Commission considers the Bill to be largely uncontentious so that it may be suitable for a fast […]

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  • when is a cost budget not a cost budget?

    Nichola Evans

    Many law firms request cost lawyers to complete cost budgets for their clients and indeed sign off those cost budgets. However the Rules state that a cost budget should be signed off by a ‘senior legal representative’. So what is the status of a cost budget when it has been signed off by a cost […]

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  • new IP Act encourages industrial designers

    Peter Ellis

    The Intellectual Property Act received Royal Assent on 14 May 2014 and will come into force between October 2014 and late 2015. The Act aims to better protect UK business’s IP rights in the UK and abroad. It requires the Secretary of State to make an annual report to Parliament reviewing the contribution of the […]

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  • riot act - consequential losses recoverable

    Melanie Chisnall

    Insurers will be interested to note the recent Court of Appeal decision which now allows consequential losses to be recoverable under the Riot (Damages) Act 1886 s. 2(1) where the damage to property was caused by people who were “riotously and tumultuously assembled” with the Court of Appeal overturning the High Court decision. The judgment […]

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  • service of a claim form – take care when serving at the 'last know...

    Chloe Poskitt

    In Norcross v Constantine the court held that service of a claim form at a defendant’s last known address was not good service under CPR r.6.9 where the claimants had reason to believe the defendant no longer lived there. This case concerned an application to set aside a judgment obtained in default of an acknowledgment […]

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  • FOS annual review – tips for insurers

    James Gibbons

    According to its annual review the Financial Ombudsman Service (FOS) dealt with a record 512,167 new complaints during 2013/2014. The devil is in the detail and there is good and bad news for insurers. Whilst complaint numbers have increased overall, complaints against insurers have remained at roughly the same level over the past couple of […]

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  • guidance on Jackson’s strict approach to non-compliance

    Nichola Evans

    The judgment of the Court of Appeal in Mitchell together with further decisions relating to how breaches of the Rules, Practice Directions and Orders ought to be dealt with led to some uncertainty as to how parties to litigation ought to proceed when it becomes clear that deadlines cannot be complied with. Guidance has now […]

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  • noise induced hearing loss claim win at trial despite pre action a...

    Julie Westerman

    In Paul Ruthven v Goodyear Dunlop Tyres Limited the claimant employed by the defendants for a period of 14 years failed to plead that he relied on a pre-action admission of breach of duty, which had been made for a period of six years of his employment. A defence denying breach of duty for the full […]

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  • courts consider all circumstances in applications for relief from ...

    Katie Scott

    Post Jackson the courts have taken a strict approach to failure to comply with rules, practice directions and orders. However, the case of Chartwell Estate Agents Limited the Court of Appeal reminded us that under the revised CPR r.3.9, courts are to consider all circumstances of a case when considering applications for relief from sanctions […]

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  • in good time

    Nichola Evans

    A High Court judge has given further guidance as to the extent of the Mitchell judgment. In the case of Guidezone Limited v Kenena and 5 others, the Court was faced with the situation where a defence was due to be served by 14th February 2014 and a few days beforehand the defendants had asked […]

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  • insurer avoids policy for misrepresentation and breach of condition

    Melanie Chisnall

    The recent Court of Appeal decision of Alan Bate v Aviva Insurance UK Ltd has confirmed that an insurer will not be in breach of its statutory duty and can avoid a residential insurance policy where the policy holder fails to disclose material information, breaches a condition and deliberately misrepresents the position. Mr Bates was […]

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  • non skidding knives – 2D marks invalid if essential characteristic...

    Susie Orton

    It is an absolute ground of refusal for a trade mark to be registered wherever its essential characteristics perform a technical function (Article 7 (1) (e) of CTMR). The CJEU has now held in Yoshida Metal Industry Co v Pi-Design AG that the analysis of those technical functions will apply to both two dimensional as […]

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  • fashion disaster for AXA

    Nichola Evans

    Two years ago the Commercial Court agreed with Ted Baker that the terms of their Commercial Combined policy provided cover for employee theft from their warehouse in North London. The Court of Appeal has today upheld that ruling dismissing AXA’s application for permission to appeal. In a robust ruling Lord Justice Tomlinson found it “unsurprising” that […]

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  • first look at the Insurance Contract Law bill

    James Gibbons

    Following the Law Commissions’ consultation in 2012 on proposals to introduce significant reforms to business insurance law, it has now published the first draft of the Insurance Contract Law Bill. Although the Bill is in its early stages of development, it is clear the extent of reform will be considerable, particularly with regard to insurer’s […]

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  • Consumer Rights Bill passes second reading without a division

    Fiona Carter

    The second reading of the Consumer Rights Bill was debated by MPs in the House of Commons yesterday (28 January 2014). The Secretary of State for Business, Innovation and Skills, Vince Cable opened the debate describing the proposed reforms as ‘pro-consumer’ and ‘pro business’. He said the aim was to simplify and strengthen consumer laws […]

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