A guide to the litigation process

16th May 2013
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In April 2013, following a review of the Civil Procedure Rules by Lord Justice Jackson, the Legal Aid Sentencing and Punishment of Offenders Act 2013 (LASPO) was enacted, by way of a convenient bolt on, which has resulted in major changes affecting many areas of dispute resolution including costs, delays, documentary and factual evidence.

Click here to read our guide to the updated litigation process.

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Commercial Litigation

  • Caste discrimination is cast into the limelight

    3rd May 2013, By Katherine Shaw, Tom Heys in Employment

    The debate about the existence of caste discrimination in the UK and the extent to which individuals should be protected from it has been ongoing for many years. Read more

  • Alterations to commercial premises: are you at risk?

    2nd May 2013, By Alice Bainton, James Corbett in Real Estate, Real Estate & Development

    Commercial tenants often need to carry out fit-out or other works to premises, but despite the restrictions in many commercial leases, the legal paperwork is sometimes ignored. This is a mistake. Getting the paperwork wrong, or ignoring it altogether, can hand a weapon to the landlord and could lead to protracted and expensive disputes down the line, sometimes involving extra remedial works, “unfair” rental uplifts, damages and - in drastic cases - forfeiture of the lease itself. Read more

  • Rights to Light: relaxing the rules

    2nd May 2013, By James Corbett in Real Estate, Real Estate & Development

    The Law Commission (with a standing brief from the government to review areas of the law felt to be unsatisfactory) is currently inviting views on proposed changes to rights to light, which have been identified as causing “a disproportionately negative impact upon the potential for the development of land”. Read more

  • Landlords in distress - an overview of the new regime for recovery of commercial rent arrears

    2nd May 2013, By Mario Betts

    The law of distress is a ‘self help’ remedy which permits a commercial landlord to seize, remove and sell a tenant’s goods if it is in arrears of rent. The process is now set to be replaced – probably later this year, by a new system called Commercial Rent Arrears Recovery (CRAR) enacted by the Tribunals, Courts and Enforcement Act 2007. Read more

  • New air conditioning regulations: your business might be affected!

    2nd May 2013, By James Corbett in Real Estate & Development, Real Estate, Planning & Environment

    From 1 January 2015, it will become illegal to use any form of R22 to service or maintain any cooling system, so in due course, R22-guzzling systems will be unusable (legally!) and will either need to be converted to "cleaner" forms of propellant or (if conversion is not practical) need to be replaced entirely. Read more

  • Government to consider tax changes for LLP Members

    30th April 2013, By Clive Greenwood in Partnership & LLP

    The closing down and pursual of tax avoidance schemes by the Government could have a a significant impact on a huge number of limited liability partnerships, and the management of LLPs should keep close eye on any changes. Read more

  • Bankers’ bonuses: is the cap contrary to EU law?

    30th April 2013, By Victoria Goode in Employment, Financial Services

    The EU Parliament recently adopted the legislative package known as CRD4 which, as previously reported, includes a basic cap on bankers’ bonuses of 1 x salary. Read more

  • Bankers' multimillion bonus claim upheld

    29th April 2013, By Colin Leckey in Employment, Financial Services

    The Court of Appeal has upheld a High Court award of more than EUR 50 million in bonuses to a group of 104 bankers. Read more

  • Employee shareholders - back in play!

    26th April 2013, By Christopher Hitchins, James Webster in Employment

    After an intense game of parliamentary ping-pong, the House of Lords has finally agreed to spare George Osborne’s blushes and accept the Government’s proposed revisions to clause 27 of the Growth and Infrastructure Bill, meaning that the “employee shareholder” legislation will become law at some point this Autumn. Read more

  • Another case on the rights of limited partners

    25th April 2013, By Miguel Pereira in Corporate, Partnership & LLP

    There has been a further case in the last few months which has looked at the rights of partners of limited partnerships. Whilst this case does not create ground breaking law, it does help us to clarify and understand certain matters relating to the rights of limited partners. In the case of Certain Limited Partners in Henderson PFI Secondary Fund II LLP (firm) v Henderson PFI Secondary Fund II LP (a firm) and others, the High Court held that limited partners in a limited partnership had the right to pursue a derivative action against the third party investment manager who had been delegated the task of investment management by the general partner of the limited partnership. Read more

About the Journal

Here you can read our opinions on the recent changes in law and business that affect you. From age discrimination to ASA decisions, and tax to twitter, this is what we think.

This is your chance to let us know what you think about these issues too. You can comment on any post, and we look forward to hearing your views.

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