Home > Legal Opinions tagged Commercial dispute resolution

  • FOS guidance on treating vulnerable customers fairly

    James Gibbons

    Today’s publication of the ‘Ombudsman news’ highlights that financial businesses must ensure that their policies and procedures are flexible enough to take account of individual customers’ circumstances. The FOS has given examples of objectively harsh lines being taken to customers who are vulnerable or face particular difficulties. One complaint involved an insurer relying on a […]

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  • Insurance Act – a year to go

    James Gibbons

    The Insurance Act 2015 (the Act) comes into force a year today, bringing with it the most significant reform of commercial insurance law in over 100 years. Therefore, if steps are not already being taken, all market participants would be prudent to use the coming months to: educate staff and customers about the practical implications of […]

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  • Robin Hood’s merry men ordered to pay compensation for wrongful tr...

    Chloe Poskitt

    A case was brought by the liquidators of Robin Hood Centre PLC against the former directors for wrongful trading, alleging that the directors knew that there was no reasonable prospect of the company avoiding insolvent liquidation following certain events, such as the year end accounts which showed a loss and a letter from HMRC in […]

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  • succinct High Court judgment given in dilapidations dispute

    Tim Rayner

    The recent dilapidations case of Consortium Commercial Developments Limited v ABB Limited is definitely worth a read. It’s a short judgment but contains a number of useful tips which are likely to be of interest to clients and all levels of dilapidations professionals. By way of a quick summary: The Deputy High Court Judge was […]

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  • rise in court fees set to impact tenants

    Tim Rayner

    Justice Minister Shailesh Vara’s announcement about the second wave of further proposed rises in court fees could have important effects on those companies with extensive property portfolios. Amongst the fees which are proposed to increase are those relating to possession claims and consent orders. Possession claim fees are intended to rise £75, from £280 to […]

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  • failure to comply with unless order proves costly for liquidators

    Chloe Poskitt

    The case of Atrium Training Services concerned a claim brought by the liquidators against a former director and company secretary for c£50m in unpaid tax and national insurance. The liquidators failed to comply with orders for disclosure and an unless order was made. The liquidators then served a list of documents but many of the […]

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  • accidents at sea and the Contribution Act

    Angela Williams

    Further to the legal opinion posted in March 2014, the appeal will come before the Court of Appeal on 9 & 10 June. Presently, the Mercantile Court’s judgment stands that article 16 of the Athens Convention is a prescriptive rather than a procedural bar. The court’s judgment is eagerly awaited because the draftsmen of the […]

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  • new CPR 36.17 explored in Thai Airways decision

    Melanie Chisnall

    In Thai Airways v KI Holdings Ltd, T was the clear winner on liability and was awarded huge damages at trial. Judgment was awarded approximately triple a Part 36 offer made by the claimant 18 months earlier, before evidence had been exchanged. Leggatt J then examined the costs rules under Part 36. K disputed that […]

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  • FCA thematic review published – delegated authority

    James Gibbons

    The FCA has published its report following its thematic review into the use, oversight and governance of delegated authority in the insurance industry. The results should cause insurers, MGAs and TPAs to carefully consider the framework within which underwriting and claims authority is delegated. In its report, the FCA highlights numerous concerns, including that some […]

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  • FCA thematic review – SME claims handling

    Jonathan Newbold

    The FCA has published a thematic review into the handling of insurance claims for Small and Medium sized Enterprises. The FCA’s findings do not make happy reading for the SME insurance market. The FCA conducted interviews and audits of insurers, intermediaries (including MGAs) and loss assessors. It has concluded that: SMEs perception is that the […]

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  • the Financial Ombudsman Service annual report – claims trends and ...

    James Gibbons

    The FOS annual report provides some interesting insights into the complaints it received last year. Significantly, complaints about insurance (other than PPI) have remained almost identical to the levels over the past two years, although there has been an increase in the number of complaints about motor, buildings and travel insurance. Indeed, travel insurance receives […]

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  • patent litigation - approach summary judgment / strike out with ca...

    Mark Daniels

    Swift resolution of patent disputes is key to minimising significant unnecessary costs and uncertainty. However, it is rare that patent infringement proceedings are suitable for summary judgment or strike out. So it was proved in a recent case before the English High Court. Unwired Planet sued a number of telecommunications equipment providers, including Huawei and […]

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  • Patents Court paves the way for greater transparency in patent lic...

    Alex Watt

    The Patents Court has made an order for pre-action disclosure of patent licences. This is a significant decision which could have broad implications for the patent licensing market. Ticketogo sent the Big Bus Company letters claiming infringement and offering a licence of its patent, repeatedly referring to similar licences that a number of Big Bus’s […]

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  • the risk of taking a client’s understanding for granted

    James Gibbons

    The case of Andrew Procter v Raleys Solicitors 2015 related to a former miner’s instructions to solicitors to bring an industrial disease claim. Instructions were provided via the firm’s standard letters which incorporated ‘tick-box’ reply forms. Mr Procter did not at any stage speak with the firm. The court held that the claim was settled […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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