Can the court stay proceedings to allow for ADR?
In a recent decision concerning the power of the court to compel parties to enter into alternative dispute resolution (ADR), it was held by the Court of Appeal that compulsory referral by the court is an option that parties may now be faced with. Below we look at the decision in Churchill v Merthyr Tydfil […]
Claiming interest when making a claim
Claiming interest can often be overlooked when bringing a monetary claim through the courts, not least when trying to keep costs to a minimum by litigating in person, ie; without the assistance of a solicitor. Still, even though the primary concern in this context is understandably recovery of the substantive outstanding sum, if that sum is […]
How does deliberate concealment impact the law on limitation?
In the recent landmark decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, the meaning of the phrase "deliberate concealment" within a limitation context — where any fact relevant to a claim has been deliberately concealed from the claimant by the defendant — has been clarified by the Supreme Court. Below we look […]
Strengthening Business Resilience Through Dispute Resolution Management
Disputes in business are inevitable. They can arise from various sources, from contractual disputes to competition disputes and beyond. When such disputes occur, they can have severe consequences for the affected business, including lost revenue, damaged reputation, and costly legal fees. Therefore, having a solid strategy for managing and resolving disputes is crucial to any […]
Maintain Your Business Relationships While Pursuing Legal Claims
In the business world, relationships are everything. Maintaining good relationships with your clients, suppliers, and partners is critical for the success of your business. However, sometimes, disputes arise, and legal action becomes necessary to protect your interests. But can you bring a legal claim against a third party and still maintain good commercial relationships? In […]
Tips for dealing with commercial disputes
Failure to resolve a commercial dispute can have serious consequences that extend beyond the immediate parties involved. If unresolved, these conflicts can lead to strained business relationships and can tarnish a company's reputation in the industry. Furthermore, prolonged disputes can result in significant financial losses due to legal fees and lost business opportunities. In the […]
Personal guarantees: will the court order that the original documents should be disclosed?
In litigation, the fundamental purpose of disclosure is to make available any evidence which either supports or undermines the respective parties' cases where, under Part 31 of the Civil Procedure Rules (CPR), parties are required to disclose to each other any documents that damage their case, as well as any helpful documents. Needless to say, […]
Meeting the increase in shareholder and partnership disputes with mediation
With the UK’s economy continuing to struggle, shareholder and partnership disputes are on the rise, with ailing businesses finding it increasingly difficult to remain aligned. The use of alternative dispute resolution (ADR) such as mediation is also becoming more prevalent as a means to resolve these types of disputes without recourse to the courts and […]
Tips for choosing the right lawyer
Having a great legal adviser is the key to navigating complex issues and ensuring you get the very best results for your business or personal matters. With so many different types of law firms and individual lawyers available, it can be difficult to know which one is right for you. To make sure you choose […]
The civil court's power to order a prison sentence: a cautionary reminder for company directors
In the recent case of Olympic Council of Asia v Novans Jets LLP and others [2023] EWHC 276 (Comm) it was held by the High Court that, following the amendment of Part 81 of the Civil Procedure Rules (CPR) back in October 2020 — which deals with applications in relation to contempt of court — […]