Refusal to Mediate - MJS Projects v RPS and the Limits of Costs Sanctions
The 2024 amendments to the Civil Procedure Rules reinforced the court's expectations around the use of ADR. As a result, solicitors now routinely advise clients that refusing to mediate may lead to adverse costs consequences. I recently explored this issue in my article on whether the court can order parties to engage in ADR. Against that […]
Breach of Warranty Claims: You Thought You Had a Claim. The SPA Disagrees.
Buying or selling a business is exciting, but it’s also stressful. There’s pressure to move quickly, documents flying around, and a natural urge to “just get the deal done”. Most people don’t want to get bogged down in the fine print of a sale and purchase agreement (SPA). But that fine print protects you if […]
Dispute With a Better‑Resourced Opponent: How to Level the Playing Field
If you’re in a dispute with a better‑resourced opponent, it can feel as though the odds are stacked from the start. They may have deeper pockets, more advisers and more time to burn. But disputes aren’t won by volume. They’re won by clarity, evidence and strategy. What follows is a practical framework for levelling the […]
SLAPP Reform Stalls - But the SRA’s Expectations Are Crystal Clear
SLAPP reform may have stalled, but the SRA’s updated Warning Notice makes the regulatory position crystal clear. This article explains what the anti‑SLAPP bill was designed to achieve, how the SRA is responding in its absence, and what solicitors must do to manage SLAPP‑risk disputes in line with current regulatory expectations.
Default Interest Clause Penalty: Lessons from Houssein v London Credit
Coins symbolising increased interest on default in commercial lending.
Can You Find Out If Your Opponent Is Insured Before You Sue?
In this guest blog, Johanna Smallman, a Partner and Solicitor at HM3 Legal, explores whether a defendant can be forced to provide their insurance details to a claimant. Winning in court should mean getting paid. But what if your opponent can’t afford to pay the judgment -or your legal costs? That’s a real financial risk […]
When the Economy Slows, Contracts Come Under Pressure: How to Reduce Litigation Risk in 2026
As the dust settles on the Autumn Budget 2025, one message is clear: the UK economy is entering a slower, more fragile phase. The Office for Budget Responsibility (OBR) now forecasts GDP growth of 1.5% in 2025, but this will slow to 1.4% in 2026 and remain subdued through the rest of the decade. Inflation, […]
Valuers, Brackets, and Legal Lessons: Insights from Bratt v Jones
In professional negligence claims, expert evidence is essential. If there’s a concern that a professional has made a serious error, the court relies on input from someone qualified in the same field to assess whether that concern is justified. Without it, the claim is unlikely to succeed - except in cases involving lawyers, where judges […]
The End of the Shareholder Rule: What It Means for Your Business
A recent change in the law relating to shareholders has created an opportunity for family-run businesses and other small and medium enterprises (SMEs) to rethink how they share information within their organisations. In this blog, I’ll explore how this shift creates an opportunity to enhance governance and streamline decision-making. For 137 years, a peculiar rule […]
Can a Major Contract Breach Be Fixed?
What happens when a party to a contract breaches its obligations? Is that the end of the road for the agreement? A fundamental breach of contract, one that strikes at the very heart of the deal, usually gives the other party the option to terminate the agreement. This is known as a repudiatory breach, meaning […]