Commercial Litigation Articles


Recoveries from Deceased Estates

Benjamin Franklin once stated that in this world nothing can be said to be certain, except death and..

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New Costs Reforms Mooted by Jackson

Lord Justice Jackson has set out his views on further changes which he thinks are necessary to the w..

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The Deregulation Act and “Retaliatory Eviction”- A Word of Warning

Landlords acting in good faith who on the one hand fully intend to carry out timely repairs where th..

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Proposed Pre Action Protocol for Debt Claims – Second Consultation

Following the recommendations of Lord Justice Jackson in September 2014, the Civil Procedure Rules C..

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Unpaid Invoices At Record Levels – An Opportunity?

Research for the Asset Based Finance Association has revealed that British SME’s are owed a stagge..

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Insolvency Fees Raised Again

From Monday 16th November 2015, the Official Receiver deposit has been increased. For bankruptcy pet..

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Consumer Rights Act 2015

On the 1 October 2015 the Consumer Rights Act (“the Act”) came into force affecting traders and ..

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Changes to Consumer Rights – Consumer Rights Act 2015

A raft of new consumer protection legislation is due to come into force in October 2015. It serves p..

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The Dangers Of Refusing Alternative Dispute Resolution

Parties have long been encouraged by the courts to engage in Alternative Dispute Resolution (ADR) in..

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Fears Of “Legal Deserts” As A Result Of Court Closures

Back in July this year, the justice minister, Shailesh Vara (whom it certainly seems is always last ..

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Cutting Your Losses

The recent case of Thai Airways International plc v KI Holdings Co Ltd acts as a useful reminder of ..

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Ilott v Milson – A Change to Claims on Wills?

The recent case of Ilott v Mitson [2015] EWCA Civ 797 garnered a great deal of media attention follo..

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It’s Not Fair, His Is Better!

Before the recent general election came the battle of the leaders’ debates. How many should there ..

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How Truthful Is Your Statement?

During the course of litigation pleadings, witness evidence and various other documents will be file..

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HPI : Finance Companies Beware

Whilst HPI is never 100% accurate, it is an essential tool that must be used effectively to ensure t..

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Without Prejudice Correspondence

The words ”Without Prejudice” are often stamped at the top of correspondence in proceedings and ..

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Civil Courts Fee Increase

The Government’s response to its consultation on court fees and charges has been met with constern..

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Mitchell / Denton – Where Are We Now?

One of the most significant changes brought in by the Civil Procedure (Amendment) Rules 2013 – “..

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Service Provisions – CPR and the Companies Act

A recent decision in the High Court has been welcomed by litigators (Key Homes Bradford Limited –v..

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Huzar v – Are The Floodgates Open?

The decision in the case of Huzar v in the Court of Appeal on 11 June 2014 has led to claim..

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Intellectual Property: A Source for Finance and Security

All businesses have and generate Intellectual Property (IP). A commercially valuable IP portfolio ca..

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Interest Rate Swaps – Important Decision on Limitation

Kays Hotels Ltd v Barclays Bank Plc (2014) QBD- Mercantile- 16/05/2014 The decision of Hamblen J in ..

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The Importance Of Obeying Service Rules

The case of Murrills v Berlanda and (2) Belvedere Medical Group (in liquidation)emphasised the need ..

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Lender’s Duties When Selling A Repossessed Property

The number of repossession claims has dropped drastically over recent years.  According to Governme..

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Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 1232

This case considered the issue of which claim a seller should bring against a buyer for non-payment ..

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Costs and Litigants in Person

Statutory Provisions The right of recovery of costs of a litigant in person is provided for by statu..

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Interest rate swap agreements.  We know they are bad.  Everybody says so.  They have a bad smell ..

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What can Civil Procedure learn from the Employment Tribunal?

During the entirety of my legal career as a Paralegal and for the majority of my Training Contract, ..

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Jackson Reforms – A tougher stance to applications for relief from sanctions

In a series of articles and blogs across the firm’s website, we are looking at the various tenents..

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Jackson Reforms – Impact of Increase to Small Claims Limit

The much-heralded, long-awaited Civil Procedure (Amendment) Rules 2013, otherwise known as ‘The Ja..

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Clark v Focus Asset Management & Tax Solutions Ltd

The recent High Court decision in this case could prove to be landmark for the doctrine of merger an..

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Greenhalgh Kerr gains Lexcel Standard

Greenhalgh Kerr has been awarded the Law Society’s top accolade, the law management quality mark, ..

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Jones v Link Financial – Absurdity Avoided

The financial crisis resulted in a number of negative implications for the leasing/finance world.  ..

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Harrison v Black Horse Limited – end of the road for PPI litigation?

Claims for payment protection insurance (“PPI”) refunds and compensation for mis-selling have be..

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Drysdale v Hedges – Landlord’s Duty of Care on Property Repair

In the recent case of Drysdale v Hedges High Court, QBD 27 July 2012, it was found that the  landlo..

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Fred Perry Holdings Limited v Brands Plaza Trading Limited

A tougher stance on breaching court orders The claimant brought intellectual property proceedings a..

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Taking A Chance On Section 75 (Consumer Credit Act 1974)

Monopoly players know that if you are lucky you can be dealt a “Get out of Jail Free Card”.  In..

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How to save time and money by issuing for damages and recovery of goods in the same set of proceedings

Recovering leased goods through the courts can take a long time, particularly if a debtor is being e..

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A step by step guide on Part 7 claims under the new procedure

1.)   A new claim form must be used. This is the replacement N1 and can be found on the Ministry o..

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Costs Don’t Always Follow the Event

Cattles Ltd and another company v Price Waterhouse Coopers LLP QBD, 1 November 2011 [2011] All ER (D..

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Small Claims and Legal Costs

Q: Is it worthwhile pursuing claims of less than £5,000.00 which are defended in the small claims c..

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PPI next on the list for judicial scrutiny

: Black Horse Limited v Speak [2010] EWHC 1866 (QB) Mr and Mrs Speak (S) obtained a loan from Black ..

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