Methods of Alternative Dispute Resolution: Early Neutral Evaluation

15 October 2019

One of the features of the Civil Procedure Rules (CPR), which govern court procedure in civil actions in England and Wales, is encouraging parties to seek to resolve their dispute by means of alternative dispute resolution (ADR), rather than litigating claims all the way to trial.

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Exclusion of Expert Evidence Maintained

15 October 2019

The Commercial Court has refused an application to set aside a tribunal decision that excluded a party’s expert evidence report.

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The Foundations of a Claim – Do I have a Construction Contract?

15 October 2019

A recent case in the Technology and Construction Court (Universal Sealants (UK) Ltd (t/a USL Bridgecare) v Sanders Plant and Waste Management Ltd ) looked at the consequences of when a contract related to construction is not in fact a “construction contract”

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The Strength of Open Justice

15 October 2019

The Supreme Court stresses the fundamental importance of open justice and confirms the Court’s inherent jurisdiction to allow access to Court documents to third parties. Will this lead to a flood of hopeful applications from prying third parties? Only time will tell… 

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Challenging CVAs – It’s a Challenge

15 October 2019

Approximately 16 high street stores have closed their doors every day in the first half of 2019, while only nine opened, resulting in a net decline of 1,234 chain stores on Britain’s top 500 high streets. Many chains entered into Company Voluntary Arrangements to manage their financial troubles, but such arrangements can prejudice the interests of some creditors.

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Blizzard Beat the Bots

19 September 2019

The High Court has handed down its judgment calculating the account of profits awarded to the video game publisher, Blizzard Entertainment SAS (Blizzard), in connection with its claim against the producer of software designed to facilitate cheating or unfair practices in Blizzard’s video games.

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Hard Work is always rewarded? – Claiming Quantum Meruit

19 September 2019

‘Quantum Meruit’ may sound like the stage name of an American B-movie actor but is, in fact, an important legal doctrine. The Latin term quantum meruit translates as ‘what one has earned’. In English law a party may claim payment on a quantum meruit basis where they have undertaken work for which they consider they are entitled to payment but where there is no binding contract between the party performing the services and the party who obtains the benefit of the services

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Public Policy Fight Club: “Fraud” prevails over “Finality” in this round

19 September 2019

The recent decision by the Supreme Court, per Lord Briggs, turned “on the outcome of a bare-knuckle fight between two important and long-established principles of public policy. The first is that fraud unravels all. The second is that there must come an end to litigation.” Fraud emerged victorious.

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Sit Up and Take Notice!

19 September 2019

Giving notice of a claim under a contract should be simple. But where contractual notice provisions apply, parties must be aware that any such notice must be given in accordance with those terms. The Court of Appeal’s decision in Stobart Group Ltd & Anor v William Stobart & Anor serves as a cautionary reminder of which all businesses should be cognisant.

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Swipe Again – Supreme Court to hear MasterCard Appeal

19 September 2019

This summer the Supreme Court confirmed it would hear Mastercard’s appeal of the long running consumer rights claim brought by Walker Merricks, with an estimated value of £14 billion. This will represent the final showdown that will hopefully provide much needed clarity on the future of UK group actions.

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