Mediation? Is that really necessary?

Not necessarily but be warned! Alternative Dispute Resolution (ADR), mediation being the most well-known example, is now being strongly encouraged by the courts, more than ever before. The rationale is easy to follow. The courts are becoming increasingly burdened by an ever growing number of litigants and ADR, if used properly, increases the chances of […]

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Empty Judgments…insolvent defendant?

Empty Judgments: What to do when faced with an insolvent defendant company. It is a claimant’s nightmare: succeed in obtaining a judgment against a defendant company only to find that the company is insolvent or does not have sufficient means to satisfy the judgment debt. This is what is known as an empty judgment, which […]

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Recovery of pre-action legal costs

“Can I recover my costs from the other side?” This is one of the first questions asked in any dispute in which solicitors are involved and an important consideration when weighing up the commercial viability of pursuing a person for money owed to you. The general rule is that the person against whom judgment is […]

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The Dangers of Representing Yourself

All change The landscape of litigation has changed considerably this year. The guiding principle of the courts to deal with cases justly appears to have been qualified by the requirement that cases are run efficiently and at proportionate cost. In short, this means that the courts’ tolerance of non-compliance with the procedural rules has all […]

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Break clause update – Canonical UK Ltd

Challenging rent terms in your lease: Canonical UK Ltd. v TST Millbank LLC In this case a tenant sought to break a lease, which clearly specified (as is normal practice) that for a break notice to be valid, all the rents payable under the lease had be paid up to the date of the break. It […]

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Recovering Debt

So…You find yourself on the wrong side of an unfortunate business agreement. Money is owed to you.  You try to negotiate, but the other side is either unwilling to be reasonable or even to negotiate at all. As with all legal disputes, prevention is cheaper than the cure. Even with simple debt recovery matters, legal […]

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Cohabitation Separation

It is a common misconception that a “common law marriage” is recognised in UK law; it is not.  Regrettably, irrespective of the length of your relationship or the time you have been living together or whether you have children, there is still no legal recognition of this status and it can leave you vulnerable upon […]

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Recovering your debt if the debtor is abroad

If you are a creditor you will still be able to recover your debt and the costs are not as prohibitive as you may think. In particular this is easier if the debtor is within an EU country; the country has a reciprocal agreement and/or you have a term in your contract submitting the relationship […]

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Do you need to apply for an injunction?

An Injunction is an equitable remedy in the form of a Court Order that usually requires a person to do or refrain from doing something. However, they may also require a person to positively do something to prevent what would be unlawful conduct leading to damage to the claimant. Injunctions are discretionary remedies and it […]

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Smart Phone: Employee Weapon of Choice!

The smart phone, a seemingly innocent accessory, has revealed itself as a much more dangerous weapon against employers. The Smart Phone – an Employee’s weapon of choice! The smart phone, a seemingly innocent accessory, has revealed itself as a much more dangerous weapon against employers.  High quality recording and photographic functions give employees a portable […]

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Recorded Conversations: Can we use them in court?

In this day and age you can buy recording devices from high street shops to a standard that even MI5 would be proud of. It is surprisingly easy.  However, recording conversations without the participant’s knowledge is essentially considered a breach of that person’s right to privacy.  When the evidence that is recorded is central to […]

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