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Dispute Resolution

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The ‘new deal’ for renters – Renters Reform Bill

Big changes are afoot in the private rental market with the Government’s announcement, in the Queen’s Speech, of the Renters Reform Bill. The announcement re-confirms the ambition first announced in 2019 to abolish ‘no-fault’- evictions and, generally, to raise standards and shift the balance in the rental market on the back of the Government’s ‘Levelling […]

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High profile case shines light on expensive costs in defamation claims

Unless you have been living on a secluded beach somewhere for the last week or so, you will not have been able to avoid the news that the long-awaited High Court trial between Rebekah Vardy and Collen Rooney has started. Dubbed by the media as the Wagatha Christie trial, the case resolves around private information […]

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Ed Sheeran wins High Court copyright battle

In 2017 Ed Sheeran released “Shape of You” which was a huge hit resulting in more than 3 billion streams on Spotify and 5.6 billion views on YouTube.  However, shortly after the song’s release a grime artist called Sami Chokri (performing under the name of Sami Switch) alleged that Ed Sheeran had plagiarised his 2015 […]

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A verbal agreement can be binding

The recent case of Mansion Place Limited and Fox Industrial Services Limited illustrates that an oral conversation can be classed as a binding verbal agreement. Mansion Place Limited (MPL) was a property developer and it contracted Fox Industrial Services Limited (FISL) to build student accommodation in Nottingham.  There were delays with the construction which FISL […]

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Breach of contract: What is specific performance?

The recent outbreak of the Omicron variant of the Coronavirus has caused disruption to many businesses during their busiest trading period and will undoubtedly have resulted in some being unable to comply with their contractual obligations. If there is a breach of contract the usual remedy would be for the innocent party to sue the […]

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Wrongfully entering judgment has consequences

The recently reported case of Total Extraction Ltd v Aircentric Ltd highlights that the courts will not tolerate any abuse of its procedures. In that case Total Extraction issued a claim through the Court’s Money Claim Online (MCOL) system for an alleged debt owed by Aircentric. Before the time for Aircentric to acknowledge the claim […]

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The Commercial Rent (Coronavirus) Bill

The long-awaited draft legislation from the Government, the Commercial Rent (Coronavirus) Bill, has been published along with an updated “Code of Practice for property relationships following the COVID-19 pandemic”. Whilst the Bill is still in the early stages of the legislative process (it is now in the second reading in the House of Commons with […]

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Proposal forms: Insurers need to be crystal clear

In insurance contracts the proposer will normally have to complete a proposal form and the insurer then uses the information contained on the form to calculate the premium and terms and conditions of the policy.  The policyholder therefore has a duty to make fair presentation of the risk to the insurer and include disclosure of […]

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Is a football club liable for the actions of its scout?

The Court of Appeal has recently overturned a decision which had made Blackpool Football Club (“the Club”) vicariously liable for the actions of one of its footballing scouts. In the case of Blackpool Football Club Limited v DSN, the Claimant was aged 13 when he was sexually abused by Frank Roper, a football talent scout, […]

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Time bar clauses in commercial contracts

In commercial contracts it is usual for the parties to limit the time in which they can bring claims against each other under the contract, these are known as “time bar clauses”.  This type of clause was recently considered by the High Court in the case of Arab Lawyers Network Company Limited v Thomson Reuters […]

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Is compulsory ADR coming?

On 12 July 2021, the Civil Justice Council (CJC) published its report on compulsory alternative dispute resolution (ADR) following the Master of the Rolls requesting the same in January 2021. ADR is an umbrella term used to describe methods used to attempt to resolve a dispute without needing to go to a final court hearing; […]

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Victory for Landlords: Pandemic Clauses

In the recent case of Poundland Limited v Toplain Limited, the Court considered whether the insertion of ‘pandemic clauses’ in a new business lease would be fair and reasonable. The tenant, Poundland Limited (Poundland) initiated the lease renewal and the parties sought from the Court determination of the terms of the new lease. Poundland proposed […]

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