Publication Date:26/08/2010
The High Court held recently that an entire agreement clause in an agreement between two parties did not prevent the court from ordering the rectification of the agreement to correct their mistake.
Publication Date:26/08/2010
The Ministry of Justice announced on 20 July 2010 that the Bribery Act 2010 will come into force in April 2011. Previously it was expected to take effect this autumn.
Publication Date:07/07/2010
The Bribery Act received Royal Assent in April 2010. It is likely to come into force this autumn. One of the Act’s offences has provoked particular comment, namely, the failure of commercial organisations to prevent bribery. The scope of this offence is broad and can cover activity outside the UK. There is a defence of having adequate procedures in place designed to prevent bribery. Implementing such procedures is, therefore, vital for companies to minimise their exposure.
Publication Date:29/06/2010
The 1954 Act is probably the most important legislation governing commercial premises. This is basic guide by Brian Kilcoyne and Mario Betts on how the Act works.
Publication Date:08/06/2010
IT cases are difficult and expensive to litigate. Systems implementation cases are not black and white. The interlocking rights and obligations of the customer and supplier mean that such cases come in various shades of grey. That there has to be a “winner” and a “loser” in litigation does not mirror real life so settlement rates are high. Consequently, the Technology and Construction Court judgment of Mr Justice Ramsey in the long-running BSkyB v EDS case was awaited with interest.
Publication Date:06/05/2010
Lawyers always go on about the importance of getting the formalities right at the outset. While it is tedious and frustrating to have to document properly what is agreed before work starts, it is worth taking that extra time and trouble to agree and finalise the contract documents before commencing the project.
Publication Date:05/05/2010
The “without prejudice” rule provides that a statement made in a genuine attempt to settle a dispute cannot be put before the Court as evidence of an admission against the interests of the party making it.
Publication Date:29/03/2010
This note seeks to explain CFAs, how they work and what happens if you win or lose your case. It also provides general guidance as to when CFAs may be used and what assessment will need to be undertaken.
Publication Date:29/03/2010
This note provides general guidance on After the Event insurance. ATE insurance is a form of legal expense insurance taken out “after the event” giving rise to a legal dispute has occurred to cover some or all of the potential costs liabilities in those proceedings (particularly if the case is lost).
Publication Date:29/03/2010
It is well known that litigation can be expensive. At the extreme, it involves exposure not just for your own but also for your opponent’s costs. The cost risks often influences and may sometimes determine how you deal with a dispute. Therefore any funding options which reduce your legal spend and increase certainty as to your financial exposure will undoubtedly assist in the effective management of a dispute. There are a number of options you may wish to consider.