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RELIEF FROM SANCTIONS: JUSTIFY DELAYS OR LOSE THE OPPORTUNITY TO DEFEND THE CLAIM By Joseph Chiffers

Posted by Lynne on June 8th 2017
(Blog, Business, Commercial Litigation, Commercial Property, commercial property and real estate, commercial property and real estate services, Contract Law, Debt Recovery, dispute resolution, Employment, Insolvency, IP, Sports and Media, Litigation, Media Coverage, medical negligence, Professional Negligence)

In Redbourne Group Ltd v Fairgate Development Ltd (see here for judgment), the High Court adopted a strict approach against a Defendant who failed to file the defence in time and subsequently applied to set aside the default judgment and for relief from sanctions. Soon after the Jackson Reforms were implemented and particularly after the […]

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Construction Law: The Perils of Free Advice By Joseph Chiffers

Posted by Lynne on May 9th 2017
(Business, Commercial Litigation, commercial litigation and dispute resolution, Commercial Property, commercial property and real estate, commercial property and real estate services, Contract Law, dispute resolution, Litigation, Professional Negligence)

In Lejonvarn (Appellant/Defendant) vs Burgess (Respondent/Claimant), the Court of Appeal upheld the first instance decision and the principle that an architect providing free advice owes a duty in tort to recipients of their advice and may potentially be liable for pure economic loss; see here for the full judgment and see here for my blog […]

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Supreme Court Rejects ‘Palm Tree’ Justice on Unjust Enrichment, By Joseph Chiffers

Posted by Lynne on April 21st 2017
(Business, Commercial Litigation, commercial litigation and dispute resolution, Litigation)

The case Lowick Rose LLP (in liquidation) v (Appellant) v Swynson Ltd & another (Respondents) [2017] UKSC 32; see here for the full judgment. The facts Swynson advanced the sum of £15m to Evo Medical Solutions Ltd (EMSL) to enable them to finance the management buy out of an American company called Medical Industries America […]

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Court Fee Concern As Record Low For CCJs.

Posted by Lynne on February 8th 2017
(Business, Commercial Litigation, commercial litigation and dispute resolution, Corporate and Commercial, Debt Recovery, dispute resolution, Insolvency, Litigation)

The number of County Court Judgments against businesses has fallen, according to the Registry Trust’s latest figures, increasing speculation that higher court fees are preventing businesses from accessing court procedures to recover debts. The number of CCJs against businesses in England and Wales fell by 21% from 99,670 to 78,739 in 2016 – the lowest […]

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New Duty To Report Regulation is updated and will come into force from April 2017

Posted by Lynne on January 18th 2017
(banking finance, banking litigation, Business, business finance, Commercial Litigation, commercial litigation and dispute resolution, Commercial Property, commercial property and real estate, commercial property and real estate services, Contract Law, Corporate and Commercial, Debt Recovery, dispute resolution, Employment, Insolvency, Litigation, Professional Negligence)

An updated set of draft regulations that specifically requires large companies in the UK to disclose their payment practices has been recently published and the legislative measures are intended to come into force as from April this year. The new ‘Duty to Report’ will lead to much greater transparency of the payment practices of the […]

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Director disqualified for six years for employing illegal workers

Posted by Lynne on November 3rd 2016
(Commercial Litigation, commercial litigation and dispute resolution, Debt Recovery, Employment, Insolvency, Litigation, Professional Negligence)

A restaurant owner has been disqualified from acting as director following his employment of two illegal workers in breach of the Immigration, Asylum and Nationality Act 2006. Home Office Immigration Enforcement Officers visited the restaurant and found that the director was employing two workers who were not eligible to work in the UK. The company […]

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Residential service charges: who should consult subtenants?

Posted by Lynne on October 4th 2016
(Commercial Property, commercial property and real estate, commercial property and real estate services, Employment)

Landlords of residential premises who are obliged to comply with the Consultation Requirements should take note of an important decision in the Upper Tribunal (Lands Chamber). This decision clarifies that superior landlords intending to carry out qualifying works or enter into a qualifying long-term agreement must consult. not just with their immediate tenant, but also […]

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Protecting disabled employee’s pay can be a reasonable adjustment

Posted by Lynne on October 2nd 2016
(Business, dispute resolution, Employment)

The Employment Appeal Tribunal (EAT) has held that an employment tribunal was entitled to find that an employer was required, as a reasonable adjustment, to continue employing a disabled employee in a more junior role involving less physical activity, preserving his existing rate of pay on an indefinite basis. While it will not be an […]

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Latest News

8 Jun
RELIEF FROM SANCTIONS: JUSTIFY DELAYS OR LOSE THE OPPORTUNITY TO DEFEND THE CLAIM By Joseph Chiffers

In Redbourne Group Ltd v Fairgate Development Ltd (see here for judgment), the High Court adopted a strict approach against a Defendant who failed to file the defence in time and subsequently applied to set aside the default judgment and for relief from sanctions. Soon after the Jackson Reforms were implemented and particularly after the […]

View More

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