Commercial Litigation
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Healys' commercial litigation solicitor, Carolyn Wilson, explores how hopes of the "paperless Court file" are progressing. The English Court has taken a long-awaited step into the 21st century by enabling parties to commence and progress...
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As reported in the Law Society Gazette, a recent High Court decision ruled that a credit agreement was still enforceable even though the bank was unable to provide a copy of the actual agreement since a reconstructed copy was acceptable. While the case may...
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According to Ministry of Justice research published recently, most consumers cannot tell a good lawyer from a bad one. According to the survey, 83% of the 939 respondents agreed with this statement " most people would not know how to tell a...
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Lord Justice Jackson's review into civil litigation costs was recently published (14 January 2010). The report makes a series of recommendations and focuses particularly on how litigation of small and medium claims will operate. One of his recommendations...
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The expert commercial litigation solicitors at Healys in London and Brighton look at the Tenancy Deposit Protection Scheme as set out in the Housing Act 2004 and associated litigation to illustrate how it can safeguard both tenants and landlords. Taking...
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As reported in a recent edition of the Law Society Gazette, law firms could find themselves being sued for reporting suspected money-laundering. This follows a recent Court of Appeal decision pursuant to which HSBC is now required to prove in Court that its...
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We pride ourselves on being an entrepreneurial law firm in that, in a number of areas, we are prepared to take calculated risks for the mutual benefit of the firm and our clients. We display this entrepreneurial spirit in a number of different ways to...
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Goldacre (offices) Limited v Nortel networks UK Limited (in administration) [2009] The recent case of Goldacre has brought administrations in line with the rule applied in liquidations that rent should rank as an expense of that insolvency process....
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Healys' litigation executive Gemma Furniss discusses the modern phenomenon of social networking sites and their part in defamation litigation. It seems that everyone is partial to posting a ‘blog' , a ‘tweet' or a comment on a message board...
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The long awaited review of Civil Litigation Costs: Final Report of Lord Justice Jackson was published on the 14th January 2010. It can be viewed here , but it does run to more than 500 pages. Healys is a firm which offers (in appropriate...
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Healys' professional negligence claim specialist, Robert Johnson, looks at Lord Justice Jackson's report of January 2010. It should be of no surprise to anyone that the traditional method of calculating charges for legal work by reference to hourly...
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Healys' defamation solicitors in London and Brighton review the application of a professional sportsman claiming defamation and libel against a national newspaper. Johnson v MGN Limited [2009] EWCH 1481 (QB) In this case the Claimant, professional...
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As reported in a recent edition of the Law Society Gazette, “ professional negligence claims against solicitors are soaring with one firm reporting a 158% surge in cases over the past 12 months. Experts are warning that worse may be to come in the...
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As told by barrister by barrister Mark Watson-Gandy to Lucy Trevelyn in the Law Society publication “Solutions” for May 2009, a German lawyer teased an English solicitor about why he needed to seek Counsel’s advice. “ My client comes...
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Carolyn Wilson, an Associate Solicitor in Healys’ Litigation Department, offers her view of dispute resolution a decade on from the Woolf reforms . The 26th of April 2009 marked the 10th anniversary of the implementation of the Civil Procedure...
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If you feel you have been let down by a professional, you may have a claim against that professional for the loss (financial or otherwise) that you feel you have suffered as a consequence of the poor service provided. Professional negligence is a specialist...
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According to a recent article in the Law Society’s Gazette, a survey by a Manchester based law firm of FTSE 350 companies concluded that the vast majority of law firms are not complying with the professional code of conduct which requires solicitors to...
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BACKGROUND Tenants may not be fully aware of the fact that in most leases, they will be under an obligation to return the property to the landlord in a good state of repair, condition and decoration, regardless of the condition the property was actually...
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We pride ourselves on being an entrepreneurial law firm in that, in a number of areas, we are prepared to take calculated risks for the mutual benefit of the firm and our clients. We display this entrepreneurial spirit in a numerous different ways, including...
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The Civil Justice Council (CJC) has completed various studies and is now seeking to establish the introduction of pre-action protocols across all actions which can be litigated in the Courts. Well-defined pre-action protocol obligations are in place for...
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In a recent article Robert Johnson explained the purpose, nature and potential effect of Part 36 Offers. In this article, he summarises recent changes to such offers. In April 2008, a number of significant changes were made to the Rules governing Part 36...
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If you look at the “Dispute Resolution” Page of our website, you will note that “ we aim to resolve disputes on behalf of clients as quickly and as cost effectively as possible ” Whilst this is a boast of many solicitors, we have the...
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It is a common misconception that solicitors are unwilling to act in disputes against other professionals and/or that the Courts will take the side of the professional in any claim brought against them. Whilst that is not true, it is true to say that...
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If you look at the ‘Dispute Resolution’ home page of the Firm’s website, you will note that “we aim to resolve disputes on behalf of clients as quickly and as cost-effectively as possible”. While this is a boast of many...
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One of the major issues relating to litigation is the uncertainty with regard to costs. A party will very often not know how much the pursuit or defence of a claim is going to cost in financial terms. While estimates will (or at least should be) given, they...