Category Archives: Commercial Dispute Resolution

Foot Dragging On Mediation Will Not Be Tolerated

The Court of Appeal recently reminded litigants that they must give mediation proper consideration and that anything less will result in cost penalties being imposed. In the recent case of Thakkar v Patel, the claimant owned a building that was … Continue reading

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Dance of the Corporate Veils

The “corporate veil” is the principle by which the liabilities of a limited company cannot be pursued against directors or shareholders, who are not personally liable for actions conducted within the normal course of their roles. UK legal history includes … Continue reading

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Choppers no longer grounded

Noisy neighbours can be a real problem for those unfortunate enough to have to live next door to them.  Going to court to deal with the problem is always a last resort.  If you do however need to pursue court … Continue reading

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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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