The importance of limitation periods
Most limitation periods impose strict time limits within which a claim must be brought. As such, it is essential for any potential party to litigation to be fully appraised of how these time limits work in practice. The following guide provides an overview of the key limitation issues to consider when bringing or defending a […]
In determining an intention to create legal relations "context is all"
Is it possible for a professional to seek recovery of their fees if their client has not signed their contract? This was the issue that the court considered I the recent case of Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm). Introduction It is trite law that when deciding whether a contract […]
Enforcing judgments against defendants with empty pockets
At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]
Litigation privilege: Loreley Financing v Credit Suisse
When it comes to legal professional privilege, the parameters of exactly what is in scope can often be unclear including, until recently, whether or not the identity of persons authorised to liaise with solicitors, and to provide those solicitors with instructions, must be disclosed. In the case of Loreley Financing (Jersey) No 30 Ltd v […]
Recent warnings and proposals for reform around SLAPPS
Seeking to threaten or advance costly and time-consuming legal action to censor criticism is a strong-arm tactic typically used by the super-rich. Officially described as Strategic Lawsuits Against Public Participation (SLAPPs), threatening or bringing court proceedings is a well-established strategy often employed by prominent, powerful and wealthy adversaries. These proceedings are not to seek justice, […]
How best to be successful in litigation?
“To litigate” means to take a claim or dispute to a court of law, albeit with all of the inherent litigation and costs risks associated with court proceedings. “To litigate successfully” means to do so only when this represents the best available course of action, either where alternative forms of dispute resolution (ADR) have been […]
Share purchase agreements: providing a valid notice of warranty claim
Providing a party with an improperly particularised notice of warranty claim in the context of a share purchase agreement (SPA) can often give rise to a dispute in itself and, in some cases, even a potential basis upon which a claim can be struck out. This, in turn, can create unnecessary applications to the court […]
Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)
A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Partnership disputes: rights and obligations in unincorporated partnerships
What is a business partnership? According to Section 1 of the Partnership Act (PA) of 1890, a partnership is a relationship that exists between individuals who carry on a business in common with the intention of making a profit. The partners cannot decide for whether a partnership exists or not (though many partnerships will be […]
Company Money Should Not Be Spent on Shareholder Disputes
This legal update considers the case of King & Others v Kings Solutions Group Limited and Others [2022] EWHC 1099 (Ch) and one particular point which was highlighted in the judgment – whether company funds should be used to fund legal costs in a shareholder dispute. Background This appeal resulted from a protracted and intricate […]