Helping resolve and manage disputes. Civil disputes, contractual disputes, professional negligence claims and company disputes.

Penalties: don't be too extravagant

In Ahuja Investments Ltd v Victorygame Ltd, Surjit Singh Pandher Judge Hodge QC, sitting as a High Court Judge, was asked to consider whether a default interest rate in a loan agreement constituted a penalty.  Judgment was handed down on 26 August 2021. Background The claimant, Ahuja Investments Limited (AIL) brought a claim against the […]

Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd

It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]

Original and best: Advancing a claim without the primary document

What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]

The Consumer Rights of Pet Owners: Pendragon v Coom [2021]

What rights of redress does a consumer have if they purchase a pet with a health problem?  The case of Pendragon v Coom [2021] considers the remedies available. Background Ms Pendragon was a dog breeder and in June 2018, she sold an Old English Sheepdog puppy to Ms Coom for the sum of £1,000. Between […]

Contract dispute: De Havilland Aircraft of Canada v SpiceJet [2021] EWHC 362 (Comm)

This week, I’m looking at De Havilland Aircraft of Canada v SpiceJet, a case handed down in February this year.The issues considered include the construction of a variation agreement and liquidated damages and penalties. BackgroundThe claimant in this case was De Havilland Aircraft of Canada Ltd, a manufacturer of aircraft, and the defendant was SpiceJet […]

Contract interpretation: Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)

his is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. It has been a while since I have looked at a contract interpretation case and so this week, in my weekly review, I have chosen the case of Westminster City Council v Sport […]

The Disclosure Pilot: AAH Pharmaceuticals Ltd and another v Jhoots Healthcare Ltd and another [2002] EWHC 2524 (Comm)

This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. The Business and Property Courts’ Disclosure Pilot has been in place since the 1 January 2019. Dealing with disclosure is one of the most expensive aspects of preparing a case for trial.  The […]
Helping resolve and manage disputes. Civil disputes, contractual disputes, professional negligence claims and company disputes.

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 […]

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 […]

The Dispute Adviser

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