When disputes arise, they can often have far-reaching implications for the rest of a business.
Contentious issues need to be dealt with swiftly and appropriately to prevent them escalating, keeping disruption and financial impact to a minimum. Mitigating risk is just as important as robustly fighting a claim in court. There are numerous alternatives to litigation, so pursuing the right strategy is important to ensure disputes are resolved in the most effective way.
We treat problems as if they are our own, working closely and collaboratively with our clients to provide practical solutions that fit with their commercial objectives. While we have a substantial group of litigators, we are also experts in alternative dispute resolution, mediation and arbitration. In addition, we also provide risk mitigation and investigation services to help clients identify where issues might arise, and where they have in the past, to work out the causes and implement solutions.
Whether it’s handling high-profile, complex cases in the High Court and beyond, or working behind the scenes with a minimum of fuss, clients rely on our first-class insight to help them stay one step ahead.
Validly serving a Statutory Demand is a prerequisite for presenting a Bankruptcy Petition22 June 2017
The court has stressed the importance of validly serving a Statutory Demand before presenting a Bankruptcy Petition. The creditor must do all that is reasonably required to bring the service of the Statutory Demand to the attention of the debtor. Without effectively serving a Statutory Demand on the debtor, presenting a valid Bankruptcy Petition is impossible.
Service of a claim form on an agent - was it valid?22 June 2017
In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
Servicing trade mark infringement22 June 2017
The use of a third party trademark to provide information or describe a service being offered does not necessarily constitute trademark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trademark owner, this will constitute an infringement.
Putting a squeeze on patent licences20 June 2017
The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd  EWHC 216 (Pat)
Competition watchdog turns the spotlight on to eCommerce15 June 2017
Oliver Fairhurst has written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.
Mediation14 June 2017
Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.
Budget discussion report deemed an abuse of the cost budgeting process09 June 2017
A Defendant’s budget discussion report (Precedent R) was disregarded by the court due to the “lack of reality” of the offered costs.
Right to Rent immigration checks: increasing pressure on the property rental market30 May 2017
Joanna Hunt has written an article for 24housing which discusses the Government's 'right to rent' checks and their increasing pressure on the rental market.