The reported case of Scott -v- Hull and East Yorkshire Hospitals NHS Trust [2014] Ew Misc B53 (CC) highlights the importance of solicitors being able to prove there is a valid retainer between them and their client. Failure to do so is likely to result in a solicitor being unable to recover their costs from their client.

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.

It is often argued by contractors with a design responsibility that where they have complied with a prescribed specification set out in their contract, such that their design meets that specification.

The Ministry of Justice has published the Pre-Action Protocol for Debt Claims (the “Protocol”), which came into force on 1 October 2017.

Intellectual property is a valuable asset for any business from start-ups through to large corporations.