Category Archives: Commercial Dispute Resolution

Knot On My Land

In what has been hailed as a landmark judgment, a home owner whose property was affected by Japanese knotweed from neighbouring land has been awarded damages against his neighbour. Japanese knotweed has been described as the UK’s most aggressive, destructive … Continue reading

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What Does “Reasonable Endeavours” Mean?

The words “reasonable endeavours” or “best endeavours” can sometimes be found in contracts but what do they actually mean? The High Court was recently asked to consider this question in the case of Astor Management AG v Atalaya Mining Plc.  … Continue reading

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Failing to Make It Over the Finishing Line

Part 36 is a provision in the Civil Procedure Rules that creates a certain type of settlement offer which can carry significant costs and/or interest penalties if it is not accepted by the opposing party and that party then fails … Continue reading

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Shareholder’s Undertaking Not Good Enough

In civil proceedings, where a claim is brought by a corporate entity the defendant can, if it has evidence that the claimant is unlikely to be able to pay its legal costs in the event the claimant loses, apply to … Continue reading

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Underpayment of Court Fees Revisited

There have been a number of cases in the last few years that have considered the consequences for a claimant when an incorrect court fee has been paid upon the issue of a claim.  In the case of Lewis & … Continue reading

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Do You Have Capacity?

In the case of Fehily v Atkinson which was heard by the High Court at the end of last year, the Court had to consider the issue of whether a person had sufficient mental capacity to enter into a transaction. … Continue reading

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Shaking up the Eviction Process – the Homelessness Reduction Bill

We have written before about the current problematic relationship between possession claims and a local authority’s duty to rehouse the tenant under threat of eviction. To summarise, local councils have a duty to re-house those considered “involuntarily homeless”, but what … Continue reading

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