Article parent: dispute-resolution-business
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News & Insights
Fair play – whether you like it or not
To what extent is there, in English Law, a duty of good faith, or a general obligation to act fairly? Contracts, particularly constructio...
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News & Insights
Testing the Limits – How Enforceable are Limitation of Liability Cl...
A limitation of liability clause is a provision in a contract which seeks to limit or exclude the liability of the defaulting party. If y...
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News & Insights
Sometimes you have to take responsibility for your own bad investme...
One of the difficult questions in claims against professional advisers is the extent to which a client can say that he relied on his prof...
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News & Insights
When is a director at risk of wrongful trading?
If you are a director of a business that is facing insolvency, you need to very carefully consider whether you should continue to trade o...
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News & Insights
What I disclose to my opponent stays confidential….Right?
Last month, I wrote about the risks businesses face in losing legal privilege in documents during litigation, resulting in the obligation...
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News & Insights
Keeping Settlement Terms Confidential
If Court proceedings have started, but haven’t got as far as being determined by a Judge, it’s often the case that both parties will come...
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News & Insights
What you tell your lawyer stays confidential, right? Maybe not…
As a general rule, whatever you discuss with your lawyer is covered by the security blanket of “legal advice” or “litigation” privilege –...
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News & Insights
On the Line – The Briggs Report and Courts in the Online Age
Lord Justice Briggs’ hotly anticipated Civil Courts Structure Review: Final Report was released in July of this year and in the months si...
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News & Insights
Central Themes- The Impact of the Centralisation of Charging Order ...
April 2016 saw the coming into force of the 83rd amendment to the Civil Procedure Rules. In amongst the changes implemented by this instr...
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News & Insights
High Court rejects standard terms’ limitations of liability as unre...
In a recent ruling, the High Court has decided that various limitations of liability in standard term contracts were, in principle, unrea...
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News & Insights
“Proportionality” of costs – a major consideration?
There is yet more focus on the issue of “proportionality” in the wake of the high profile judgment in the divorce case of Mr & Mrs Yo...