Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]
Dealing with unpaid invoices: prevention is better than cure
The Pre-Action Protocol for Debt Claims I am terrible at DIY (I only need to look at a tin of paint for the contents to go splat) and so I have got to know a couple of local traders quite well. Each of them seem to dislike paperwork and say it is difficult to find […]
Negligent Survey Claims, Loss and Missing Concrete Evidence
It is well established that the measure of loss in a claim against a surveyor for a negligent report is the diminution in value of the property, and not the cost of repairs. However, in the recent Court of Appeal case of Moore and another v National Westminster Bank, the court assessed the claimants’ loss […]
Calculating Loss in Valuers’ Negligence Claims
This blog considers the case of Tuita International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77 which was handed down on 29 November 2017. The Supreme Court has confirmed how damages in negligence claims against valuers ought to be assessed. This widely reported case will be of interest to banks and other […]
Solicitors’ misconduct and the right to exercise a lien
The High Court has considered when it is appropriate for a firm of solicitors to maintain a lien over its former clients’ papers in circumstances where the clients terminated the retainer. In the case of Higgins and others v TLT LLP, heard on 27 November 2017 before Mr Justice Barling at Manchester High Court, the […]
Limitation, limitation, limitation
A claimant should not delay in obtaining legal advice about a dispute. A claimant in a case does not have an indefinite amount of time to issue proceedings in court. limitation periods exist to place time limits on the period within which a claimant can commence legal proceedings. The relevant time limits are set out […]
Dealing with unpaid invoices: prevention is better than cure
The Pre-Action Protocol for Debt Claims I am terrible at DIY (I only need to look at a tin of paint for the contents to go splat) and so I have got to know a couple of local traders quite well. Each of them seem to dislike paperwork and say it is difficult to find […]
Do the risk of disciplinary proceedings incentivise professionals to do a better job?
The Legal Services Consumer Panel has been considering proposals to change the burden of proof in disciplinary hearings against barristers. It has been suggested that the current test, which is “beyond all reasonable doubt”, is too high. The panel’s preference is for the test to be the same as that which applies in the civil […]
The wheels on the bus (should) go round and round
This is the excerpt for your very first post.