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    News Category: Commercial litigation

    • 22 January 2021

      Coronavirus and Business Insurance: what does the recent UK Supreme Court Judgment mean for policyholders.

      The recent Judgment handed down by the Supreme Court in the case of The Financial Conduct Authority v Arch and Others will be welcome news to small businesses in the UK. Many businesses have been affected by the Coronavirus pandemic and suffered financial losses as a result.  The Supreme Court ordered that insurers must make payments to Small and Medium Enterprises (SMEs) under business interruption policies. Read more

    • 30 May 2019

      Never work with children, animals……..or family members?

      Running a company with a family member is often an enjoyable way of being in business, but we all know that on occasion family members can fall out - even if it is just over who ate the last chocolate in the box at Christmas! Read more

    • 20 September 2018

      Clarity is key to avoiding court claims

      Issues often arise because the terms of a contract turn out to be unclear, or the contract doesn’t say what one of the parties had intended. It is an issue that frequently comes up for consideration by the courts, most recently in the Court of Appeal case of Bou-Simon v BGC Brokers LP in July 2018. Read more

    • 25 July 2018

      Knot in my back yard

      Japanese knotweed, the invasive plant which is notoriously difficult to remove, has been the subject of a recent Court of Appeal decision. Read more

    • 14 June 2018

      Have a break, have a…….dispute with your landlord costing thousands

      A commercial lease will often contain a break clause which will give the parties (most commonly the tenant) the right to terminate the lease early on service of a break notice. Read more

    • 21 August 2017

      New pre-action protocol for debt claims

      A new pre-action protocol for debt claims will come into force on 1 October 2017. This will apply to debts claimed by any business, including sole traders and public bodies, against an individual (which can also include a sole trader). The protocol does not apply to business to business debts. Read more

    • 29 July 2016

      Fixed Costs and Part 36 Offers

      One of the more recently posed questions in relation to Part 36 offers is, in cases where costs are fixed by section IIIA of Part 45 of the Civil Procedure Rules (CPR), can costs, in excess of those that are fixed, be recovered by making or accepting a Part 36 offer? Read more

    • 18 September 2015

      The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015 – are you ready?

      One of the key aims of the CRA is to consolidate consumer legislation into one piece of legislation. The CRA pulls together various provisions from over eight different pieces of legislation, which governed consumer rights pre-October 2015. The CRA also updates consumer rights to reflect the both the ongoing growth in e-commerce and the more recent growth in the digital content market. Read more

    • 23 July 2015

      Overstaying Your Welcome: Penalty Clauses and Liquidated Damages

      Chelmsford chip-shop owner Barry Beavis is, at the time of writing, pursuing his appeal to the Supreme Court in the final chapter of the saga ParkingEye Ltd v Beavis. Read more

    • 20 July 2015

      Consumer Disputes: New Alternative Dispute Resolution (“ADR”) requirements

      If you are a business selling goods, services or digital content to consumers, you are likely already aware that there are major changes on the horizon. This is due, in part, to the Consumer Rights Act ("the Act"), which will be coming into force in October 2015. The Act is an attempt to consolidate and build on the myriad of existing consumer focused legislation. Read more