Category Archives: Commercial Dispute Resolution

Frustrating events

Another day, another article on Brexit. But this one is a little bit different. It concerns a dispute between the Canary Wharf Group, a property development, investment and management company, and its tenant, the European Medicines Agency (“EMA”). The EMA … Continue reading

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Is Time Of The Essence?

The phrase “time is of the essence” is one which sometimes appears in contracts but what does it mean and, more importantly, what are its effects? If time is of the essence for a contractual obligation in a contract then … Continue reading

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Adjournment of Hearings on Medical Grounds

The recent case of Dove v London Borough of Havering highlights what evidence the Court requires if a trial or hearing is to be adjourned on medical grounds. The Doves were twin sisters who were joint tenants of a Council … Continue reading

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Indemnities and Guarantees – what’s the difference?

Indemnities and guarantees are both a form of what the law terms as suretyship.  A surety is a person who is liable for the payment of another person’s debt or the performance of another person’s obligation in the event of … Continue reading

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Knowing the Boundary

Pursuing boundary disputes through the courts can be a very costly and stressful exercise. The parties usually end up incurring legal costs disproportionate to the value of the land itself and often end up falling out irretrievably with their neighbour.   … Continue reading

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Partnership Disputes

A partnership is essentially a business run by two or more people with a view to making a profit.  Unlike an incorporated company it is very simple to set up a partnership.  In fact a partnership can be formed by … Continue reading

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Protect Your Goodwill

Most Traders work very hard to establish goodwill in their business.   Goodwill is the reputation which a trader builds up in relation to specific goods or services which attracts customers.  If a competitor tries to steal that goodwill then, in … Continue reading

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Airbnb – playing with fire?

Over the last few years, the popularity of short term holiday or business letting websites has increased and shows no sign of slowing down. It’s easy to see why. The hosts can rent out their property when it suits them … Continue reading

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Fighting the System – Service Charge Disputes

Paying service charge will be familiar to most people holding flats or houses under a long lease.  A leasehold owner owes various obligations to the freeholder (or a management company, where present) as set out in the lease including paying … Continue reading

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Sands of Time : Discretion and limitation

The periods set out in the Limitation Act 1980 are relatively generous. Most civil matters must be brought within 6 years of the event that triggered the claim and there are a variety of special circumstances that may allow particular … Continue reading

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