Home > Legal Opinions tagged Commercial dispute resolution

  • clarification of the illegality defence?

    Gordon Monaghan

    The Supreme Court saw an opportunity to clarify the law surrounding ex turpi causa in its recent decision of Jetivia SA & Another v Bilta (UK) Ltd (In Liquidation) & Ors. This area of law has been in a state of confusion since the controversial House of Lords decision in Stone & Rolls Ltd v […]

    Read our legal opinion.

  • get your evidence in order…

    Nichola Evans

    Cases on relief from sanctions are like buses – you wait ages for one and then two come at once. Following on from Waterman Transport Services Limited v Torchwood Properties Limited, the courts have now looked at whether a party could rely on a new witness statement served six months after the date for exchange […]

    Read our legal opinion.

  • strike outs galore with pre-trial questionnaire non-compliance

    Melanie Chisnall

    In Waterman Transport Services Ltd v Torchwood Properties Ltd, Akenhead J in the Technology and Construction Court has ruled that the respondent’s failure to substantially complete the pre-trial questionnaire was not just a minor failure to comply but was substantive non-compliance. The judge held that it therefore followed that the respondent’s defence should be struck […]

    Read our legal opinion.

  • court fees increase dramatically from 9 March 2015

    Mark Nichols

    The Ministry of Justice’s significant increase in court fees came into force on 9 March 2015. Fees for both specified and unspecified money claims of £10,000 or more are affected. Court fees for claims of £10,000 or more are now 5% of the value of the claim, capped at £10,000. This is an increase of […]

    Read our legal opinion.

  • increasing court fees to impact on insurers

    James Gibbons

    There will be large increases in court fees on 9 March 2015. Significantly: claims for between £10,000 and £200,000 will incur a court fee of 5% of the amount claimed, which would see, for example, a 400% increase in the fee charged for a claim for £90,000 (from £910 to £4,500) claims for over £200,000 […]

    Read our legal opinion.

  • when lawyers use too many words…

    Nichola Evans

    The Commercial Court firmly believes that pleadings should be precise and to the point, with the Commercial Court Guide specifically stating that statements of case should be no more than 25 pages long or an application is required setting out why a longer document is required. In the case of Tchenguiz and others v Grant […]

    Read our legal opinion.

  • cost budgeting – what is a contingency?

    Daniel Askew

    Since the implementation of the costs budgeting process, there has been confusion as to what constitutes a contingent cost for the purposes of a cost budget. The recent case of Yeo v Times Newspapers Ltd finally offers some clarity on this subject. Not surprisingly, the above case has implemented a three stage test as follows: […]

    Read our legal opinion.

  • insurance reform – now a reality

    James Gibbons

    For a bill that reforms law that has remained in situ for over 100 years, the Lords and the Commons have made short work of passing the Insurance Bill through Parliament. Whether this is as a result of the Law Commissions’ careful prior consideration or this current government’s tenure nearly being over, the Bill has […]

    Read our legal opinion.

  • declaratory relief granted

    Melanie Chisnall

    In the case of Western Trading Ltd v Great Lakes Reinsurance (UK) Plc the claimant (W) sought an indemnity from their insurer following a fire. W was a management company which ran a portfolio of properties for a developer (S). The property which was the subject of the claim was comprised of two buildings, one […]

    Read our legal opinion.

  • "noted, with thanks” - the perils of negotiating settlement agreem...

    Laura Mackenzie

    A recent decision stresses the importance of expressly stating when a settlement offer is intended to be ‘subject to contract’ (ie not binding until a formal written agreement has been executed). In Bieber and others v Teathers Limited (in liquidation) the claimants accepted – via email – a settlement offer relating solely to the sum […]

    Read our legal opinion.

  • standard essential patent – valid and infringed

    Mark Daniels

    The English High Court tackled the thorny issue of the alleged infringement of a ‘standard-essential’ patent, and has found for the patentee. Vringo Infrastructure Inc owns a patent (originally obtained by Nokia) relating to the process of soft handover of a mobile phone call between base stations when the phone moves between cells. The patent […]

    Read our legal opinion.

  • strength of a parties' case not relevant to case management decisions

    Melanie Chisnall

    The Supreme Court has held in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd & Another that in case management directions or decisions, the strength of a parties’ case would not be relevant to that decision or imposition of any sanctions. The court stated that the decision of the […]

    Read our legal opinion.

  • apportionment and the smoker negligently exposed to asbestos

    Bridget Tatham

    In the case of Blackmore v Department for communities & Local Government (2014), the defendant admitted that they had negligently exposed the deceased to asbestos fibres during the course of his employment as a painter, causing lung cancer. But using a relative risk analysis, they sought a reduction of 85% for contributory negligence for the deceased’s […]

    Read our legal opinion.

  • removal of the right of compensation for minor RTA claims

    James Arrowsmith

    Proposed amendments to the Social Action Responsibility and Heroism (SARAH) bill aimed at curbing the payment of damages in relation to low value injury claims show that the debate on the cost of whiplash is far from over. Amendments which would have allowed insurers to provide rehabilitation treatment rather than damages in relation to the […]

    Read our legal opinion.

  • further rules on fixed cost medical reports

    James Arrowsmith

    The latest draft rules intended to reform soft tissue injury claims give further clarity on how Claims and Underwriting Exchange (CUE) search facilities and expert accreditation will be incorporated before the expected implementation in April 2015. Claimant representatives will be required to undertake searches via AskCUEPI and input a unique reference into the CNF to […]

    Read our legal opinion.

  • DBAs: no change for now

    Nichola Evans

    For quite some time commentators have been suggesting that the Government should re-visit the arena of Damages Based Agreements (DBAs) and allow a ‘hybrid agreement’ of a no win, low fee arrangement particularly given the low take up of these agreements. Most recently Lord Justice Jackson joined the debate urging the Government in a recent […]

    Read our legal opinion.

  • 'fair, proportionate and effective' – striking out dishonest claims

    Paul Wainwright

    The Transport Committee has published its Fifth Special Report ‘Driving premiums down: fraud and the cost of motor insurance‘. The consultation is an important step in the further implementation of the Jackson reforms, following LASPO 2012. Whilst the ABI figures show improvement with reduced premiums, the AA has noticed a reversing trend. These proposed reforms […]

    Read our legal opinion.

  • DBAs will not take off without regulatory reform

    James Arrowsmith

    Damages Based Agreements (DBAs) have failed to gain traction as a result of overly restrictive regulations, according to Jackson who proposed their use in his report on civil costs. DBAs, under which a solicitor receives a percentage of any damages recovered as a fee, have been permitted since April 2013, but uptake has been low. […]

    Read our legal opinion.

  • poor claimant funding advice could prove expensive

    Melanie Chisnall

    In the case of McDaniel & Co v Clarke (2014), Mr Justice Hickinbottom ruled that a Master was entitled to hold that the solicitors acting for the claimant were entitled to recover no costs on the basis that the claimant was a member of a trade union and was eligible for free legal representation if […]

    Read our legal opinion.

  • can a refusal to mediate be reasonable?

    Chloe Poskitt

    In the case of Northrop v BAE Systems, the court had to determine costs after giving judgment in favour of BAE. Northrop submitted that BAE was entitled to its costs but those costs should be halved to reflect BAE’s unreasonable refusal to mediate. The court examined all the circumstances including the conduct of the parties […]

    Read our legal opinion.

Archives

  • 2015 (89)
  • 2014 (299)
  • 2013 (374)
  • 2012 (469)
  • 2011 (421)
  • 2010 (226)
  • 2009 (32)

Sectors

Opinions tagged as...

Brands Social Care DfE copyright education Hayley Roberts Sarah Erwin-Jones Mark Blois local authorities trade marks Ofsted adult safeguarding Gemma Steele Nichola Evans Browne Jacobson LLP employment Browne Jacobson Claims Richard Nicholas James Arrowsmith teachers advertising Court of Appeal Richard Freeth government High Court schools Intellectual Property Public Sector ip Oliver Sweeney academies free schools Fiona Carter Dai Durbridge Department for Education child protection litigation Laura Richards NHS