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Category Archives: Dispute Resolution

Rebecca Taylor, Solicitor in our Dispute Resolution team, discusses the temporary restrictions imposed by the Corporate Insolvency and Governance Bill

On 20 May 2020, the government introduced the Corporate Insolvency and Governance Bill in Parliament. The Bill temporarily restricts the use of statutory demands and winding-up petitions. Schedule 10, Part 1 of the Bill provides that no petition for the winding up of a company may be presented on the basis that the company has... Read the rest of this entry →

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Rebecca Taylor – Solicitor in the Dispute Resolution Department – on chasing debts and the importance of credit control during the COVID-19 crisis

It is important for all business of any size to have an effective credit control procedure in place to ensure that they are paid for the work that they carry out for customers. Given the current coronavirus pandemic, many businesses are experiencing problems with cash flow. As such, it is more important than ever to... Read the rest of this entry →

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Andrew Ryan, Partner and Head of the Dispute Resolution department: Do the exclusion & limitation clauses in T&Cs work?

Terms and conditions often include clauses which seek to limit or exclude a party’s liability under the contract. In this piece, I consider the types of exclusion clauses (sometimes referred to as limitation of liability clauses, limitation clauses, exclusion of liability clauses or exemption clauses) and the court’s approach to such clauses. There are a... Read the rest of this entry →

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Richard Hamilton – Head of Property at Davis Blank Furniss – discusses the impact of the Coronavirus Act 2020 on property litigation practitioners

In the Coronavirus Act 2020, there are some measures which impact property litigation practioners – particularly those that restrict the recovery of possession of both commercial and residential premises in England and Wales. The key points are: Amends to the Rent Act 1977, Protection from Eviction Act 1977, Housing Act 1985, Housing Act 1988 (HA... Read the rest of this entry →

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Gregory Carr – Solicitor in our Property team – on what tenants can do if they can’t pay their rent during the COVID-19 Pandemic.

The Government has set out measures to protect residential tenants from eviction during the COVID-19 Pandemic. The Coronavirus Act 2020 (the “Act”) requires that landlords now give longer notice periods before requiring possession of residential property. What protection is offered? Some landlords seeking possession of residential property in the period from 26 March 2020 to... Read the rest of this entry →

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Andrew Ryan – Partner and Head of Dispute Resolution – discusses coronavirus and its impact on your contractual obligations

  In light of the current pandemic, many businesses will have concerns regarding whether they will be able to continue to perform their contractual obligations and the extent of their liability in the event that they are unable to do so. Force majeure In many commercial contracts, there will be a ‘force majeure’ clause. A... Read the rest of this entry →

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Davis Blank Furniss is here for you: How we can help you during the coronavirus crisis

  We know this is a very challenging time for everyone so we at Davis Blank Furniss are here to fully support you as and when you need it, whether you are a personal or business client. Things are constantly shifting and the situation is changing on a daily basis but our team is on... Read the rest of this entry →

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Rebecca Taylor – Solicitor in our Dispute Resolution team – asks: Do you have to follow the civil procedure rules as a litigant in person?

The answer is yes.  The Civil Procedure Rules (CPR) apply to all parties – including litigants in person. By way of an example, the Supreme Court has held that there is a very high threshold to excuse claimants (including litigants in person) from the strict rules for service of legal proceedings. The claimant, acting in... Read the rest of this entry →

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Rebecca Taylor – Solicitor in our Dispute Resolution team – asks: If someone is taking advantage of the success of your business, what can you do about it?

You could consider making a claim for passing off. An action in passing off can be used to protect the “goodwill” in your business, product or service. Goodwill is the distinguishing feature that makes customers prefer your business, products or services to those of a competitor in the same market. What do you need to... Read the rest of this entry →

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Andrew Ryan – Partner and Head of Dispute Resolution – asks: Do solicitors have a duty to tell their opponent that they have made a procedural error?

The recent Court of Appeal decision in Woodward and another -v- Phoenix Healthcare Distribution Limited held that a solicitor for a defendant had no obligation to advise solicitors for the claimant that they have made a fatal procedural error. This case concerned the defective service of a claim form. The claim form should have been... Read the rest of this entry →

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Founded in 1877

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