Until recently, the Technology and Construction Court had made clear, in judgments such as ISG v Seevic and Galliford Try Building Limited v Estura Limited, that where there has been a “smash and grab” type adjudication in respect of an interim application for payment, there cannot be a subsequent adjudication to determine the merits of that payment application.
In case some readers think the answer to the above question is a matter of dry academic law with no practical relevance, some £10 million turned, at least in part, on the distinction between those phrases in the case of Anchor 2020 Ltd v Midas Construction Ltd.
The costs of litigation can be substantial and the potential costs exposure in the event the claim is lost can be the reason good claims are not pursued. A working example of how funding solutions can reduce a litigant's cost exposure is set out below.
Unfair Prejudice Petitions arise under Section 994 of the Companies Act. The key to Unfair Prejudice Petitions is understanding two core elements.
We’ve reported in the past on proprietary estoppel cases where promises to a son or daughter (or other individual) that they would, in the fullness of time, inherit the farm ultimately proved to be empty. In Kingsley v Kingsley similar levels of anger were felt when a partner in a farming partnership died, leaving his interest to his widow who subsequently wanted to sell the farm that had been in the family for generations.
When faced with a legal problem we all want it resolved as soon as possible. Achieving this may depend on who we engage to help us. If professional advisors do not have sufficient and up to date knowledge of all the areas of law that influence a particular matter, one problem may evolve into several others.
On 6 April 2021 Practice Direction 57AC (PD57AC) came into force which radically affects the way in which trial witness statements must be prepared in the Business and Property Courts (BPC).
ACAS early conciliation delays are impacting tribunal claims. Learn what this means for employees and employers, plus practical advice to prepare.
In an effort to reduce the number of divorce cases ending up in court, the government started to encourage divorcing couples to use mediation as the first port of call.
A recent High Court ruling ordered green energy entrepreneur Dale Vince to pay his ex-wife, Kate Vince, over £40 million following their divorce. The judgment requires Mr. Vince to make three payments totalling £43.51 million, with the first due by 30 April 2025. This case highlights several key lessons for family law practitioners: