Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)
A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Partnership disputes: rights and obligations in unincorporated partnerships
What is a business partnership? According to Section 1 of the Partnership Act (PA) of 1890, a partnership is a relationship that exists between individuals who carry on a business in common with the intention of making a profit. The partners cannot decide for whether a partnership exists or not (though many partnerships will be […]
Company Money Should Not Be Spent on Shareholder Disputes
This legal update considers the case of King & Others v Kings Solutions Group Limited and Others [2022] EWHC 1099 (Ch) and one particular point which was highlighted in the judgment – whether company funds should be used to fund legal costs in a shareholder dispute. Background This appeal resulted from a protracted and intricate […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Coote v Ullstein – professional negligence claim against solicitor and barrister dismissed at court
Why is Causation so important in professional negligence claims? This is an interesting case for many reasons and particularly resonates with me. As a specialist advisor in corporate and commercial disputes, I am regularly instructed to investigate negligence claims against solicitors and other legal professionals. It surprises people to learn that just because a legal […]
Disputes about loans
It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers. The lending business is called Apple Pay Later. As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]
When shareholders are unhappy with the information they receive.
Netflix is reportedly being sued in the US because its shareholders are unhappy with information they received. What can happen when UK shareholders are unhappy with information received from the companies they have invested in?
Will the court agree to adjourn a hearing based on a barrister’s non-availability?
In this blog, I consider the case of Rupert St John Webster v John Francis Penley, Witherbotham Smith Penley LLP - [2021] EWHC 3198 (Ch), 2021, which involved a claimant’s application to court to adjourn an application because his barrister was not available. It is not often that an application to adjourn a hearing merits […]
Expert Evidence in Professional Negligence Claims
Professional Negligence cases can stand or fall on the strength, or otherwise, of the expert evidence. If a client wishes to criticise the work of a professional person, then there must be a supportive report from an expert of the same or similar professional discipline. This is very familiar territory for practitioners who conduct clinical […]
Commercial Rent Arrears and the Commercial Rent (Coronavirus) Bill
It is clear to anyone in business that the road to post coronavirus normality is going to be anything but straightforward. Not only do we need to look to a new future, but we also have to rebuild from the wreckage of what has happened. Part of this is the resolution of commercial rent arrears. […]