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.
Disclosure involves identifying and making available documents that are relevant to the issues in dispute to the other parties to the case.
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.
Human capital, intellectual property and a secure customer base often drive the value of an acquisition. To secure that value, the buyer of a business may want to retain key employees and prevent the seller from competing with the business for a specified period. The acquisition agreement therefore often includes certain restraints. Buyers and sellers may later disagree on the interpretation and enforceability of these terms. Various immediate dispute resolution steps must be taken to protect the value of the acquired business. Our commercial litigation team regularly acts for clients involved in this type of dispute.
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.
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.
Whatever the type of will dispute, our guide explores what you need to consider and what is possible if you are thinking of contesting a will whether this is in relation to the way that the will has been made or the way the will is being executed.
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.
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.
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.