Using experts in litigation


Aside from the many other aspects which make legal disputes complex, expensive and unpredictable, before starting a case at court, in many types of dispute, expert evidence will be crucial to winning or losing. With a sharp increase in the number of individuals and businesses considering using the civil courts without a lawyer, the expert READ MORE

Remember your belt and your braces when it comes to legal disputes


One of the key mistakes often made by  the unwary, when a dispute gets to a point where legal proceedings are needed, is to limit claims or defences. Put simply, if you don’t ask, you don’t get. However, this requires thought and sometimes some experienced legal help in practice. Breach of contract and negligence ? READ MORE

Property co-ownership disputes – the trust for sale


Joint property owners – 1 wants to sell other doesn’t We always advise strongly, when a property is bought jointly, and where the parties are not married, that as part of the transaction a co-ownership deed is entered into. Like wills, these documents are at the more inexpensive part of legal advice, often costing less READ MORE

Economic duress


Economic duress It’s a common scenario for clients to come to us with stories about contract problems and disputes that could amount to economic duress. It’s also common for there to be confusion about the terms economic duress and undue influence. The latter generally refers to situations involving family members, such as an allegation that READ MORE

Courts now getting much tougher on procedural non-compliance


There are 2 contexts in which this post may be relevant to you :- you may be representing yourself ( a litigant in person) in court proceedings you may already be represented and your lawyer has warned you that you need to hurry up with providing instructions or documents in order to comply with a READ MORE

Breach of contract – the innocent party’s duty to mitigate loss


Contracts and loss mitigation Every business will enter into numerous contracts every year and in most cases, both parties will perform their part of the bargain at least satisfactorily. However, breach of contract is not an uncommon occurrence. In many business to consumer contracts, whilst incredibly annoying, as a consumer, if the seller doesn’t deliver READ MORE

Litigation – the improbability of victory and its unacceptable cost


The title for this post contains an excerpt from a quote by the famous military General and writer on war Claude von Clausewitz. It’s an excellent summary of what so often happens in civil litigation of any kind. Good legal advice is not always what a client wants to hear; it most certainly should not READ MORE

Contempt of Court Part I: Contempt for breach of an Injunction


D Rosen The aim of this article is to consider certain aspects of Contempt of Court, acting in breach of an Injunction,  and the consequences of doing so. Contempt of Court is governed by the Contempt of Court Act 1981, otherwise known as statutory contempt, as opposed to common law contempt, although common law contempt READ MORE

Statutory Interest – How to Claim on a Commercial Debt


Often when businesses have people who owe them money, they may not be aware of their right under the law to charge interest when such debts are paid late. As a result they can lose out on additional monies which they would otherwise be entitled to. This statutory entitlement comes from the Late Payment of READ MORE

Mental capacity – in cases of dispute who has the burden of proof ?


The legal precedent and test for mental capacity dates back to 1870 (Banks –v- Goodfellow) and  is based on three main concepts: Did the Testator understand that the document they were signing was a Will which would dispose of their assets upon their death? Did the Testator have knowledge of the assets that they had READ MORE