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.
Every month we 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.
Cash flow issues can cripple a business. Late payment of invoices is becoming increasingly common and can be a significant burden on staff time and management time while chasing payments.
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.
The implications of Brexit for the disputes sector will be determined by whatever new arrangement the Government negotiates with the EU. Existing EU legislation will – in all probability – continue to form part of English law post Brexit and will remain in force until such point as they are replaced.
A review of the structure of current civil court system by Lord Justice Briggs, the Deputy Head of Civil Justice in England & Wales, was published in July 2016 and highlighted the lack of a suitable dispute resolution forum for disputes where the amounts involved do not usually justify involving solicitors.
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.
When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.
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.
Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.
The decision to exit the European Union will undoubtedly give rise to a period of uncertainty for us all. A great deal has been written already about possible impacts and, in writing this short article, I have sought to highlight a few key areas that may warrant some immediate thought and possible action depending on your business sector, geography and markets.
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
Do you or your business have a claim which you wish to bring but you are wary about doing so because of the costs and risks? Are you tempted just to ‘put it down to experience’ despite the fact that you would really rather not?
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.
If you are a building owner or landlord of a commercial or residential multi let building you may be affected by the Heat Network (Metering and Billing) Regulations 2014.
Have you been let down by a professional? Did your solicitors omit to advise you of planning, right of way or environmental issues affecting your property when you bought it?
Q. I have been cut out of my parents Will, what can I do?
Leading South East law firm Thomson Snell & Passmore has announced a wave of internal promotions.
MexxaMixx is a Kent-based business which manufactures and sells a range of Mexican style cooking sauces.
Companies without strict freehold or lease agreements on land earmarked for the Paramount resort face being booted off their premises without compensation.
The question of whether a party contracts as principal or agent for another is a familiar one in disputes arising from the carriage of goods by road.
It's impossible to prepare for every eventuality and prevent a probate dispute, but there are various ways to reduce their likelihood, says Jessica Bermingham.
These case studies were serialised in the Kent and Sussex Courier, but are collated together in this case to show all of the different stages a company can go through and how we can assist. MexxaMixx is a ficticious Kent-based business which manufactures and sells a range of Mexican style cooking sauces.
The laws established under the EEC (since 1958) and under the EU (since 1993) have not to date applied to the rights of succession for the citizens of the Member States. However, that is about to change. With the exception of the UK, Ireland and Denmark, from 17 August 2015 the EU Succession Regulation (No 650/12) comes into effect.
Leading South East law firm Thomson Snell & Passmore welcomes three new lawyers to their Commercial Group, including a noteworthy partner lateral hire, Alisa Sweeney who joins from Cripps LLP in the Commercial Property team.
Leading South East law firm Thomson Snell & Passmore is pleased to announce its excellent rankings in the new Chambers UK guide, published last week.
The National Press has increasingly publicised the growth in court cases over family legacies, disputed wills, inheritance claims and family trust matters.
Nick Horton responds to a query regarding a neighbour’s actions. First published in The Times October 2014.
Kamal Aggarwal, Partner, takes us through the key legal issues to look at when considering overseas trade. Article first published in Finance & Management, March 2014.
By Nick Horton, Partner and the Head of Dispute Resolution. Contact Thomson Snell and Passmore 01892 510000.
A shorter version of this article was published in New Model Adviser on 13 August 2012.
First featured in our latest magazine thebusiness.
Longer work placements lead to ‘business ready’ graduates
By Joanne Wright, Senior Associate in Commercial Property & Development.
Recent case law highlights the need to use clear and precise drafting when negotiating heads of terms or dealing with transactions to avoid creating a binding contract before you are ready.
By Felicity Warran-Smith, Partner in Commercial Property & Development.
This Court of Appeal decision emphasises the importance of detailed provisions specifying the respective obligations of landlord and tenant in leases of only part of a property.
By Laura Harman, Solicitor in Commercial Property & Development.