Litigation

Sometimes in life things

just don’t work out amicably.

Litigation News

 

Important changes from 19 march 2012 (26 April 2013)

 

Salford Business Centre now operates the new County Court Money Claims Centre for the whole of England and Wales.

 

 

Recent Changes in Civil Proceedings (15 April 2013)

 

From the 1st April 2013 new rules apply in relation to obtaining of Public Funding (Legal Aid). Furthermore there have also been changes in relation to the multi track and small claim track.

 

 

Court Agrees to Reverse Settlement Error (12 April 2010)

 

Although a trustee is personally responsible for the actions they take, the law is not so harsh as to prevent a trustee who makes an innocent mistake from rectifying it.

 

 

Unclear Drafting Blamed for Dispute Over Right of Way (12 April 2010)

 

A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel of land. When the owner died, the property was divided according to the terms of her will. The consents which conveyed the land to the beneficiaries were unclear, however.

 

 

Incarceration Does Not Bring Compensation (1 September 2009)

 

In an unusual case, the House of Lords has confirmed that a person cannot benefit from their own wrongdoing

 

 

Use of Bank Account Amounts to Criminal Conversion (1 September 2009)

 

A man who allowed his bank account to be used to lodge funds that amounted to criminal property was guilty of the crime of converting criminal property

 

 

Deskbound Worker Wins Compensation for Blood Clot (1 September 2009)

 

An office worker who suffered a blood clot after spending long hours sitting at her desk has received an undisclosed sum in compensation

 

 

Court Must Hear Evidence Before Deciding (1 September 2009)

 

Cases involving the custody of children are often very contentious and need to be approached with sensitivity and care

 

 

Careful Driver Not Responsible for Death (1 July 2009)

 

An unavoidable collision is the secret nightmare of many drivers, especially one in which death or serious injury results

 

 

Friends Fall Out When Agreements Not Formal (1 July 2009)

 

Doing business with friends can be fraught with danger, as a recent case illustrates

 

 

Fairness Means Couple Receive House (1 February 2009)

 

It is common for families to dispute agreements made relating to property

 

 

Home Buyer Not Required to House Council Tenants (1 February 2009)

 

A Buckinghamshire man has been freed from a restrictive covenant requiring him to make his property available to council tenants, following a recent appeal

 

 

Is Arbitration History? (1 February 2009)

 

A recent case has called into question the inherent fairness of arbitration clauses used in agreements between businesses and consumers, unless consumers are properly advised on the legal effect of such clauses

 

 

Construction Dispute – Get it in Writing (1 February 2009)

 

Attempting to settle a construction dispute by the use of an adjudicator often seems to create more problems than it solves, as a recent case illustrates

 

 

No You Cock-a-Doodle Don't (30 July 2008)

 

Noise nuisance is regrettably an increasing feature of modern life, but one normally expects problems with noise to be associated with city living, not the countryside.

 

 

Victory for Licensee in 'Speculation' Case (2 July 2008)

 

Thwaites, the Blackburn-based brewery which owns 400 pubs, has won a victory which will bring cheer to licensees, but may cause consternation for those who live near busy pubs that open well into the night.

 

 

New Consumer Protection Laws – A Reminder (18 June 2008)

 

Businesses are reminded that the Consumer Protection from Unfair Trading Regulations (CPRs) came into force on 26 May 2008.

 

 

Is Your Website a Time-Bomb? (18 June 2008)

 

Not so long ago, virtually all websites had some sort of business purpose. However, the 'social networking' phenomenon has led to the creation of hundreds of thousands of websites which exist primarily for the exchange of information, which may be uninformed - or worse.

 

 

Victory for Licensee in ‘Speculation’ Case (17 June 2008)

 

Blackburn-based brewery Thwaites, which owns 400 pubs, has won a victory which will bring cheer to licensees,

 

 

Exclusions Exclude, Rules Court (12 June 2008)

 

Two recent cases reaffirm the wisdom of giving careful consideration to the effects of exclusion clauses in insurance policies.

 

 

Guidance on Letters of Intent (12 June 2008)

 

Letters of intent are widely used in the building trade, because it is normal for both developer and contractor to wish to make progress on a

 

 

Construction Companies in Price Rigging Row (10 June 2008)

 

Following one of the largest ever investigations under the Competition Act 1998, the Office of Fair Trading (OFT)

 

 

Boy Injured on Bouncy Castle to Receive Sizeable Settlement (30 May 2008)

 

A boy who suffered brain damage after he was kicked in the head while playing on a bouncy castle has been awarded compensation that could amount to £1 million, a ruling that will cause parents to stop and think.

 

 

Partnership Can be Prosecuted in its Own Name (29 May 2008)

 

A recent decision by the Court of Appeal has established that a partnership can be held liable in criminal proceedings as a separate entity from its

 

 

Provision of Assistance for Purchase of Shares – Points to Ponder (29 May 2008)

 

The provision of assistance by a company for the purchase of its shares has long been a difficult area of law.

 

 

New Powers for ICO for Data Breaches (20 May 2008)

 

The Information Commissioner’s Office (ICO) has been given the power to impose substantial fines on organisations that deliberately or recklessly

 

 

Car Fuel and VAT – Your Options (19 May 2008)

 

With car fuel becoming more expensive by the week, the amount of VAT which can be recovered on fuel used for business purposes is also rising.

 

 

Bank Charges Case - Was it Really a Defeat for the Banks (16 May 2008)

 

The Court's decision in the recent case brought against the clearing banks, in which it was argued that their system of charging customers was subject to the terms of the Unfair

 

 

Auditors Seeking Limitation of Liability (2 May 2008)

 

It is when times get tough that problems which might have been easy to gloss over in better times start to make themselves visible.

 

 

Argument that Balloon is an Aircraft Not Hot Air (1 May 2008)

 

In principle, the notion of self-defence is straightforward. A person is entitled to use reasonable force to defend themselves against attack and in certain other circumstances.

 

 

Patent Office Issues Guidance on Software Patents (19 April 2008)

 

Following the recent judgment in the Court of Appeal that the UK Intellectual Property Office (UKIPO) was wrong to reject six patent applications purely on the grounds that they were for software

 

 

How Registered Community Designs Work (11 April 2008)

 

European law is having an ever-increasing influence on UK law and one example is the creation of the Registered Community Design (RCD).

 

 

Evasiveness Shows True Intentions (5 April 2008)

 

There have been several cases before the courts in recent years which arose because a house or property was purchased

 

 

Price-Fixing - Refund for Football Shirts (29 March 2008)

 

The result of the first ‘class action’ brought in the UK regarding price-fixing has been settled, with one of the culprits

 

 

Private Copying - Copyright Relaxation on the Way? (21 March 2008)

 

It might well be a surprise to many, but when your child comes home from school with a bag brimming with photocopies

 

 

Victim Wins Right to Proceed with Compensation Claim (16 March 2008)

 

A landmark decision of the House of Lords could pave the way for some victims of sexual abuse to claim

 

 

Modernising the Courts Means More Wigs (10 March 2008)

 

The Government always seems to be introducing some sort of ‘modernising’ initiative or other and in recent years the legal profession has had to deal with a great number of changes aimed at modernising the law.

 

 

You Are an Association - Of One (9 March 2008)

 

A recent case raised the question of whether an association could consist of a single person.

 

 

You Are an Association - Of One (9 March 2008)

 

A recent case raised the question of whether an association could consist of a single person.

 

 

Avoiding Online Theft (27 February 2008)

 

Theft using IT is a rapidly growing area of crime, with ever-greater sophistication being used to plunder the bank accounts

 

 

Disqualification Traps for Directors (20 February 2008)

 

The Companies Act 2006, most of which is now in force, imposes tough new criteria governing the behaviour of directors.

 

 

Is a Risk Assessment Necessary? (17 February 2008)

 

These days, health and safety issues are important considerations for the management of most firms

 

 

Loss and Damage – Economic Damage not Physical (15 February 2008)

 

Misunderstandings are at the base of many legal disputes and nowhere is this more evident than in disputes involving insurance claims.