One significant benefit of arbitration over traditional court based litigation is that the proceedings and award are confidential.
2021 has been a challenging year for most businesses. Although some have flourished, many continue to be negatively impacted by the pandemic. As 2022 approaches, we explore what this could mean for commercial dispute resolution.
Rico Dexiades from our dispute resolution team, answers questions about reputation management, defamation and privacy issues for The Times of Tunbridge Wells.
Further changes are afoot in the residential leasehold sector following an investigation by the Competition and Markets Authority (CMA).
The Leasehold Reform (Ground Rent) Bill looks to change the rules around ground rents and is currently being debated in Parliament. Alison Sparks looks at what it means for leaseholders.
On the recent decision in the case of Jones v Zurich  which considered when an insurer may avoid an insurance contract following a careless misrepresentation (after the policy holder lost a £190k Rolex!)
Following our recent updates on the revised arbitral rules of the ICC and the LCIA, we now take a look at the recently published revised procedural rules of the London Maritime Arbitrators Association (LMAA) which are applicable to arbitrations from 1 May 2021.
Following last week’s update on the revised ICC Rules, Charlie Wood takes a look at the revised LCIA Arbitration Rules which are applicable for arbitrations registered at the London Court of International Arbitration from 1 October 2020.
All arbitrations registered at the International Court of Arbitration of the International Chamber of Commerce (ICC) on or after 1 January 2021 are subject to the new 2021 Arbitration Rules (the 2021 Rules).
The Supreme Court has today found in favour of small firms receiving payments from business interruption insurance policies, meaning tens of thousands of businesses should now receive payments in relation to some of the losses incurred as a result of the first lockdown.
On 24 December 2020, whilst most people were trying to finalise their Christmas shopping, the UK and the EU succeeded in finalising the post-Brexit trade and co-operation agreement.
Kate Jardine recently shared her thoughts with The Planner magazine on an issue that is often overlooked when it comes to town planning – parking.
The Advice from Natural England could mean some unwelcome delays, as well as further costs, for developments in specific identified areas within the Stour Valley (the ‘Stodmarsh Designated Sites’).
The High Court has handed down judgment in an expedited test case, which examined whether a selection of business interruption (BI) insurance policies provide cover in relation to COVID-19. The Court found in favour of the policyholders on the majority of the key issues.
Further to my article last month on the impact of the lockdown on planning applications, as promised, I now provide a brief update taking into account figures released for May this year.
Leading South East law firm Thomson Snell & Passmore is pleased to announce the appointment of Partners Joanne Wright and Douglas Skilton to Equity Partner.
In this article, we will consider more closely what a force majeure clause is, how it operates and some typical force majeure provisions to be alert to.
COVID-19: understanding how Coronavirus can impact commercial contracts
On 9 January 2020, the Law Commission published its report on the options for reducing the costs payable by leaseholders extending their leases or purchasing the freeholds of their properties.
The Christmas Queen’s Speech included proposals for significant changes for residential property, particularly in the private rented sector and for leaseholders.
The big news for the beginning of this year in regional planning is that, on 6 January, Wealden District Council in East Sussex withdrew its submitted plan from examination on the recommendation of the Inspector, following a rather regrettable report being published accusing Wealden of failing to comply with the duty to cooperate and identifying some “significant failings in respect of the soundness of the submitted Plan”.
In our increasingly digital age, the case of Neocleous & Anor v Rees is a keen reminder of the care needed in email correspondence. An automatic email sign-off could unwittingly bind you to a contract.
The Supreme Court has overturned the Court of Appeal's decision on Sequent Nominees Limited v Hautford Limited.
Among pages of stories about the death of the high street, it’s the company voluntary arrangements (CVAs) entered into by the big retailers that have drawn the most attention. One of the biggest of these, the Debenhams CVA, has just come before the High Court, with landlords challenging the CVA on five grounds:
How to turn down the volume next door, and ways to guard against gazumping
In April this year, the Government announced its intention to end no fault evictions. With the consultation now published, the details of those proposals are now beginning to take shape.
From 1 June 2019, the new Tenant Fees Act 2019 came into force
Where premises are let under a lease within the protection of the Landlord and Tenant Act 1954, at the end of the lease the tenant has a statutory right to either claim a new lease or remain in occupation.
For any business litigation is an expensive and time consuming process. For small to medium sized businesses (SMEs), where time, money and staff are at a premium, the resolution of disputes in an efficient and cost effective way is essential.
A pair of listed urns went missing, getting the owner in a spot of bother. The case became the centre of a breach of planning law ending up in the Court of Appeal.
This week, we look at the problems that can arise after completion of a sale.
The issue of ground rents payable for leasehold properties has attracted negative publicity recently; particularly so called ‘escalator’ ground rents. These are rents that escalate over time, for example doubling every ten years.
The High Court has recently handed down a decision, which will be welcome news to land owners and developers alike who own sites that are at risk of trespassers from entering them.
One of the most common reasons that a local authority serves an injunction on what appears to be vacant land, is in order to prevent the unauthorised development of the land that it believes may occur, particularly on land in a sensitive location or which has a special designation
As a firm, we take pride in being a constant in a changing world. We hope this collection of articles will be helpful and provide food for thought on a number of topics.
A recent case has highlighted an issue which is becoming of increasing importance, concerning when electronically supplied software should be treated as “goods” and when it should not be.
Funding disputes can be a challenge. We recognise that whether bringing or defending a claim, businesses and individuals alike want to achieve positive outcomes, as cost effectively as possible.
The relationship between Landlord and Tenant can be strained, particularly where building maintenance and large scale repair works are concerned and the question arises as to who is to pay for the works.
By Laura Keatley, Solicitor in Commercial Property & Development.
In the case of The Governor and Company of the Bank of Ireland and anor v Watts Group plc  EWHC 1667 (TCC) ("the Case"), the Court questioned the independence and reliability of an expert witness.
As a consequence, it has become even more important for those instructed as an expert witness, to be aware of their duties.
We regularly answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.
New legislation came into force on 1 October 2017, to codify the law on unjustified threats made by the owners of intellectual property (IP), to sue a third party for infringement.
The Intellectual Property (Unjustified Threats) Act 2017 (the Act) brings long-overdue consistency to the rules applicable to registered intellectual property rights, but there remain some areas of ambiguity.
With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.
People often tell me that litigation is a “black hole” and that no-one emerges from it as a winner – except the lawyers.
A recent case in the High Court has resulted in a business being awarded just £2 in nominal damages, to compensate for two of its employees retaining the business’s confidential information in breach of their duties.
The “Right to Rent” scheme was introduced by the Immigration Act 2014 as a means to prevent people with no legal right to remain in the UK from renting or remaining in private domestic rented accommodation.
It seeks to achieve this by imposing obligations on landlords (or their agents if they have agreed in writing to undertake the necessary due diligence) to check the status of existing and potential tenants. Landlords should not ignore their obligations, since in addition to the original civil penalty of up to £3,000 for failure to conduct the necessary checks, criminal sanctions were introduced from 1 December 2016.
A landlord of premises let under a tenancy protected by the Landlord & Tenant Act 1954 (“the Act”) and who is intending to oppose the grant of a new tenancy should consider the implications of the business rates revaluation and the possibility of serving notice under section 25 of the Act before 1 April 2017.
Disputes are often an inevitable consequence of being in business. This is certainly true of the construction industry which has a reputation for being particularly litigious, primarily because of the high level of risk involved in many construction projects and constant requirement for cash flow, given prevalent low margins.
It has always been common for some businesses, such as estate agents or commercial sales agents, to make their earnings from commission. With the rise of the service economy and internet based businesses like Deliveroo, payment through commission is becoming increasingly popular.
James Cradick, Senior Associate in our Dispute Resolution team discusses how a number of recent decisions of the English High Court serve as a stark warning to defaulters that a refusal to comply with Arbitration Awards and Court Orders will not be tolerated and that the Court will seek to facilitate the enforcement process wherever possible.
James Cradick, Senior Associate in our Dispute Resoluton team, comments on the significant changes that have been made to insurance law in England and Wales.
James Cradick, Senior Associate discusses a recent case, where a repudiatory breach of contract (or termination of contract) does not automatically discharge the parties from performance of their remaining primary obligations.
A number of recent decisions have emphasised the importance of acting promptly when seeking an anti-suit injunction or anti-enforcement injunction. James Cradick, Senior Associate in our Dispute Resolution team discusses a case where a delay was still held to be a sufficient reason for refusing the anti-suit injunction.
James Cradick, Senier Associate in our Dispute Resoluton team, discusses why fraudulent insurance claims are a serious and expensive problem.
James Cradick, Senier Associate in our Dispute Resoluton team, comments on how traders, exporters and forwarders will be aware of the important amendments to the Safety of Life at Sea (SOLAS) Convention which are, as of 1 July 2016, now in force.
Arbitration awards under English law are final and binding subject to the limited grounds of challenge permitted under the Arbitration Act 1996. James Cradick, Senior Associate in our Dispute Resolution team, comments on the extent to which the English Court proactively supports and promotes arbitration clauses between commercial parties.
Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.
Significant changes will shortly be made to insurance law in England and Wales. The cumulative effect of the reforms will be to significantly rebalance insurance law in favour of commercial policyholders ultimately leading to more claims being met. The main changes are summarised below.
Globe Motors, Inc and others - v - TRW Lucas Varity Electric Steering Limited and another  EWCA Civ 396
The decision in Nemcova v Fairfield Rents Limited serves as a timely reminder to owners of leasehold property to consider carefully all obligations in their lease and the intention of those obligations before allowing a third party into occupation.
The dramatic fall in global commodity prices has resulted in historically low prices in the first months of 2015. Price fluctuations and market volatility present various opportunities and significant challenges to those engaged in global trade, but particularly to those in price sensitive commodities markets where even relatively small shirts in the market can result in considerable loss or profit for traders. Traders seek to manage, exploit and mitigate the volatility of the markets through the contracts they enter into.
Q. My business received some professional advice that turned out to be wrong. It has cost us a significant amount of money to sort the situation out. We would like to bring a claim through the courts to recover our losses, but I am concerned about the cost and risk of taking legal action. Is there a funding solution that could help?