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Mediate or be damned
In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.
Read more'Stranded on an island without a canoe'
Common sense may yet prevail at the Court of Appeal in the Clark v In Focus case about whether a complainant can take the maximum award from FOS and sue for the balance of their losses in Court.
Read moreUpdate on Clark v In Focus appeal
The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.
Read moreInterest rate hedging products: mis-selling - Update on Green v Royal Bank of Scotland
The Court of Appeal recently published its judgment in Green v Royal Bank of Scotland Plc [2012] EWHC 3661 QB, the first decided case concerning the alleged mis-selling of Interest Rate Hedging Products ("IRHPs").
Read moreUpdate on Clark v In Focus appeal
The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.
Read moreHow well do you know your Expert Witness?
The High Court decision in Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 is a warning to all litigators to choose their expert witnesses wisely.
Read moreOfcom, Ofgem, Ofwat, OfFCA…? FCA set to become latest competition sectoral regulator
At its own request, the FCA is set to be granted expanded competition powers under new legislation.
Read moreLast gasp of the super-injunction
Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.
Read moreTrade Secrets – A Unified European Regime?
Earlier this year, a study was prepared for the European Commission relating to the treatment of Trade Secrets and Confidential Business Information within the internal market.
Read moreTaxpayer's appeal allowed as HMRC had not made a discovery determination in time
The recent First-tier Tribunal ('FTT') case of Nijjar Dairies Ltd v HMRC1 dealt with two matters.
Read moreActing in Good Faith – is this now a given under English Law?
Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.
Read moreNo more moral high ground for whistle blowers?
Yet another US style importation is on the cards.
Read moreTrade Mark Protection: Court of Appeal says distinctiveness is not enough
The Court of Appeal for England and Wales recently handed down its much anticipated ruling in Cadbury's long-drawn-out battle to maintain its UK trade mark registration for the colour purple.
Read moreHigh Court confirms that general principles of contractual construction apply to 'misnomer principle'
In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited
Read moreHandbook suffers from CIDRA hangover
Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.
Read moreHandbook suffers from CIDRA hangover
Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.
Read moreVAT – Failure to Register in time - penalty on director not upheld as no dishonest conduct
The First-Tier Tribunal ('FTT') has upheld an appeal by the director of a company against the imposition of a penalty under sections 60 and 61 of the Value Added Taxes Act ('VATA 1994')1 in the case of Mrs G. Candy v HMRC [2013] UKFTT 146 (TC) 02544.
Read moreNational Crime Agency – same old, same old?
If you, like me, tried to access SOCA's website (www.soca.gov.uk) to undertake a compare and contrast exercise with the website of the NCA, you would have found yourself directed seamlessly to www.nationalcrimeagency.gov.uk.
Read moreCAT condemns the Competition Commission's Data Room Rules as unfair and in breach of principles of natural justice
On 2 October 2013, the CAT handed down its ruling on an application by BMI Healthcare, HCA International and Spire Healthcare (the 'Applicants') for a review of the CC's decision relating to the operation of a data room in its private healthcare market investigation.
Read moreIs sunlight a nuisance?
Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.
Read moreMinistry of Justice's call for evidence leads to cry for fully independent regulation from SRA
The Solicitors Regulation Authority (SRA) has responded to the Ministry of Justice's (MoJ) call for evidence on the regulation of legal services in England and Wales demanding truly independent regulation.
Read moreHMRC ordered to pay taxpayer's costs following improper allegation of fraud
In the recent case of Simple Solutions GB Limited v HMRC,1 not only was the taxpayer successful in its appeal, it was also awarded its costs following serious and unsubstantiated allegations of fraud made against it by HMRC.
Read moreInsurers beware: the FOS is stretching its powers to – and beyond – the limit
The FOS has publicly stated that when dealing with complaints about the validity of insurance policies...
Read moreGreater than the sum of their parts – Belbin’s Analysis of Teams
“Team Roles at Work” by Meredith Belbin is an almost scientific analysis of the different roles individuals can play in a team, how they interact with one another and how highly functional teams can be assembled.
Read moreISDA publishes 2013 Arbitration Guide
ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...
Read moreNobody wants to buy sour milk
This folksy catchphrase is at the heart of the business model of the last decade's most wildly successful company: Apple Inc.
Read moreFATCA – are we nearly there yet?
The International Tax Compliance (United States of America) Regulations 2013 ('Regulations') came into force on 1 September 2013.
Read moreHigh Court considers RBS's liability for structured lending facility
The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...
Read moreHMRC's appeal is dismissed in the Lloyds Leasing case
The Upper Tribunal ('UT') (Newey J and Judge Howard Nowlan) has upheld a decision of the First–tier Tribunal ('FTT') that 25% writing-down allowances ('WDA') were available to a UK lessor of ships...
Read moreFamily Business
Family businesses contribute nearly a quarter of UK GDP (£1.1 trillion) and provide 2 in 5 jobs.
Read moreCosts protection reform - privacy and defamation cases
The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.
Read moreClipping the wings of the Norwich Pharmacal jurisdiction
In NML Capital Ltd v Chapman Freeborn Holdings Ltd1, the Court of Appeal has clarified the circumstances in which Norwich Pharmacal2 relief will be available.
Read moreImprove or Surrender – Kaizen
After the Second World War, Japan was faced with the difficult task of rebuilding its industry.
Read moreCopyright Guide 2013
We are pleased to attach a link to an overview of UK copyright, which we trust will prove a useful reference for any copyright issues that you may face, whether in the context of disputes or commercial matters.
Read moreTaxpayer wins appeal notwithstanding mistimed implementation
The First-tier Tribunal ('FTT') has recently ruled in favour of a taxpayer in relation to a consultancy fee purportedly paid to a company which was not at the time incorporated(Maureen Hepburn v HMRC [2013] UKFTT 445 (TC)).
Read moreCourt of Appeal considers extent of fiduciary duties in joint venture agreements
In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...
Read moreLawyers – the ideal guardians of ill-gotten gains
A report produced by the Financial Action Task Force ("FATF") – the intergovernmental body recognised as the standard bearer when it comes to anti-money laundering ("AML") and counter-terrorist financing ("CTF") -
Read moreRihanna's image protected under the 'umbrella' of passing off
The High Court has recently held that the fashion retailer Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreMake it Stick
You’ve got what you think is the perfect idea. It’s relevant. It’s accurate. It’s comprehensive.
Read moreThird time lucky for HMRC as they finally secure victory in DV3
Having lost before both the First-tier Tribunal ('FTT') and the Upper Tribunal ('UT'),1 HMRC have finally managed to secure victory before the Court of Appeal in HMRC v DV3 RS Limited Partnership [2013] EWCA Civ 907, a case involving stamp duty land tax ('SDLT') planning.
Read moreIs sunlight a nuisance?
Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.
Read moreGreater transparency in the family courts - New Draft Guidance
Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication.
Read moreCloud confidentiality – or not …
Anyone using a number of devices to access their information will be tempted to share files between those devices using a service such as Dropbox.
Read moreThe Trade Mark Clearing House – Do You Need to Sign Up?
In January 2012, ICAAN began allowing organisations to apply for new Generic Top Level Domains (gTLDs) which will operate alongside the 280 Country Code Top Level Domains (.com and .co.uk etc) and the 22 existing gTLDs (.biz and .info etc).
Read moreA Chinese lesson for private investigators
Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.
Read moreMaking your mark – The Intrapreneur
Being an entrepreneur isn't for everyone. You may have a knockout idea and the 'right stuff' (whatever that is), but starting your own successful business often requires a consternating cocktail of luck, timing, contacts, money, financial risk and personal sacrifice.
Read moreA recent High Court decision acts as a reminder to take care in seeking to settle disputes
The recent decision by the English High Court in Newbury v Sun Microsystems [2013] EWHC 2180 (QB) underlines the importance for lawyers of taking care when settling disputes.
Read moreTax tribunal considers the application of the SDLT anti-avoidance legislation contained in section 75A Finance Act 2003
HMRC have been successful before the First-tier Tribunal ("FTT") in Project Blue Ltd v HMRC [2013] UKFTT 378 (TC), an SDLT case in which the anti-avoidance provisions contained in sections 75A to 75C, Finance Act 2003 fell to be considered. Unless otherwise stated all statutory references below are to Finance Act 2003.
Read moreTrunki successfully wheels out design rival before the High Court
The High Court has recently found that design rights and copyright in the well-known 'Trunki' rideon suitcase for children were infringed by a Hong Kong based competitor's ride-on suitcase for children called the 'Kiddee Case'.
Read moreHigh Court rules that South African subsidiary was not domiciled in England
In Vava –v- Anglo American South Africa Ltd (AASA) and Young–v- AASA
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