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"dispute"

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Top tips on standard disclosure in litigation

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.

In court: Partnership agreement at odds with will

The ownership of a farm was at the centre of a dispute between three (of four) siblings after the death of their parents, Mr & Mrs Williams.

Lease renewals – The Jackson Reforms

On 1 April 2013, significant changes to the rules governing civil litigation were introduced. These changes are known as the Jackson reforms and their purpose is to make the costs of civil litigation more proportionate to the issues in dispute.

What is practical completion and partial possession?

Whether and/or when building works have achieved practical completion is a common question which arises during the course of a project and one which often results in a dispute.

Estoppel by convention – what is it, and does it matter?

The phrase “estoppel by convention” is not a phrase one hears very often in everyday conversation. Its legal implications can however make a big difference to the outcome of a claim, where relevant, when a dispute arises.

The perils of not stating which law governs your contract

In this, the fifth of a series of articles which looks at some of the most common perils of contracts and how to avoid those perils, we look at the perils of failing to provide which law governs your contract and which country’s courts have jurisdiction to hear any dispute.

Refusing to mediate can be a costly mistake

The recent decision in Garritt-Critchley v Ronnan is a stark reminder of the risks involved in refusing to engage in alternative dispute resolution (“ADR”). In this case the defendant repeatedly rebutted the claimant’s offers of mediation, resulting in a punitive costs order being made against them.

The importance of knowing who your opponent is in commercial litigation

Identifying the correct opponent at the outset and assessing their ability to pay is vital, and we here set out some considerations that need to be looked at very early on when a dispute develops.

Review of some Financial Ombudsman Service recent decisions

The Financial Ombudsman Service (the “Ombudsman”) is the independent dispute resolution service for financial services businesses and their customers. This includes private individual customers but also small businesses.

Insolvent liquidation - an adjudication threat from beyond the grave?

The Supreme Court has, in June 2020, given judgment on a landmark case which sets out the current state of the law relating to the availability or otherwise of adjudication as a means of dispute resolution when one of the parties is in insolvent liquidation.