Category Archives: Commercial Dispute Resolution

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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“Till Death Do Us Part” – The perils of being a sole director/shareholder

The recent case of Kings Court Trust Limited v Lancashire Cleaning Services Limited highlights the difficulties that a company can face upon the death of a sole director and shareholder.  If the director/shareholder was to die unexpectedly there would be … Continue reading

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The difference between defamation and malicious falsehood

If someone makes a false statement about an individual or company then that statement could either be defamatory or a malicious falsehood either of which could lead to a claim for damages and/or an injunction against the wrongdoer.  But what … Continue reading

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It Is Not Necessarily Where you Live

In a surprising decision to some, the High Court has ruled that a Russian businessman living and working in Russia is domiciled in England and therefore subject to the jurisdiction of the English courts. In the case of Bestolov v … Continue reading

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