Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Coote v Ullstein – professional negligence claim against solicitor and barrister dismissed at court
Why is Causation so important in professional negligence claims? This is an interesting case for many reasons and particularly resonates with me. As a specialist advisor in corporate and commercial disputes, I am regularly instructed to investigate negligence claims against solicitors and other legal professionals. It surprises people to learn that just because a legal […]
Disputes about loans
It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers. The lending business is called Apple Pay Later. As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]
When shareholders are unhappy with the information they receive.
Netflix is reportedly being sued in the US because its shareholders are unhappy with information they received. What can happen when UK shareholders are unhappy with information received from the companies they have invested in?
Will the court agree to adjourn a hearing based on a barrister’s non-availability?
In this blog, I consider the case of Rupert St John Webster v John Francis Penley, Witherbotham Smith Penley LLP - [2021] EWHC 3198 (Ch), 2021, which involved a claimant’s application to court to adjourn an application because his barrister was not available. It is not often that an application to adjourn a hearing merits […]
Expert Evidence in Professional Negligence Claims
Professional Negligence cases can stand or fall on the strength, or otherwise, of the expert evidence. If a client wishes to criticise the work of a professional person, then there must be a supportive report from an expert of the same or similar professional discipline. This is very familiar territory for practitioners who conduct clinical […]
Commercial Rent Arrears and the Commercial Rent (Coronavirus) Bill
It is clear to anyone in business that the road to post coronavirus normality is going to be anything but straightforward. Not only do we need to look to a new future, but we also have to rebuild from the wreckage of what has happened. Part of this is the resolution of commercial rent arrears. […]
The Climate Crisis and the Role of the Courts and Professional Bodies
In recent weeks, the urgency of the climate crisis has been highlighted by scientists, politicians and royalty and all eyes will be on the COP26 Glasgow conference this month to see whether the politicians will be able to negotiate a deal which is fit for purpose. As environmental issues are increasingly emphasised, more disputes about […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Winding up petitions: new restrictions
The current restrictions on winding up petitions are due to expire on 30 September 2021. They will be replaced by more limited restrictions which are set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021. According to the Insolvency Service, the changes are aimed at helping High Street […]