Resolve - The newsletter of Prettys' dispute resolution team
Issue 03 - 76KB. pdf format
Issue 02 - 36KB .pdf format
Issue 01 - 38KB .pdf format
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European Small Claims Procedure
On 13 June 2007, the European Union adopted the European Small Claims Procedure. This will operate alongside national small claims procedures across Europe, and should speed up cross border litigation whilst reducing its cost. The European Small Claims Procedure will come into force on 1 January 2009.
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Compensation for Commercial Agents
It is now over 10 years since regulations giving protection and rights to commercial agents came in to force.
The most significant was an agent’s compensation entitlement when the agency ended, but there has been uncertainty about how to calculate it.
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When do Negotiations Cease and Contractual Relations Begin?
When entering into negotiations with a third party with an intention to create contractual relations, it is important to clarify the proposed contract terms before commencing performance of the contract...
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What Level of Compensation is to be paid to Commercial Agents?
A recent case has provided some assistance on the commission to be paid to agents whose agencies are terminated in accordance with the Commercial Agents (Council Directive) Regulation 1993 (the "Regulations").
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High Hedges - in force at last!
The new procedure for dealing with high hedges, Part 8 of the Anti-Social Behaviour Act 2003, comes into force on 1 June 2005.
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Enforcement of Judgments
Judgment debtors who do not make payment on receipt of a judgment may be categorised as those who go out of their way to avoid payment, and those who find themselves in considerable financial difficulties and cannot pay.
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Capping
the Cost of Litigation
The legal costs of pursuing
or defending a claim are often very difficult to predict
or estimate at the outset of any instructions.
>> Read
more
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When
the Damage is Done
On what basis should a court
calculate damages for breach of contract? Arriving
at a just and appropriate figure is a conundrum that
has frequently troubled legal minds.
>> Read
more
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Helping
take the risk of Litigation
You have a strong claim. You
wish to pursue it. But you are worried about expensive,
seemingly uncontrollable litigation costs. Prettys
can help.
>> Read
more
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Merger
of P&O and Nedlloyd to Breach of Haulage Contract
Nedlloyd Lines UK Limited
(NLL) was the UK subsidiary of Nedlloyd Lines. In 1996
it entered into a three-year haulage contract with
the CEL Group of Melton, terminating on 31 December
1998.
>> Read
more
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Disqualification
of Directors
Apart from ascertaining, securing
and realising the assets of a company following its
liquidation, one of the other primary duties of a liquidator
is to investigate the conduct of the directors in the
period leading up to the company’s insolvency
and to report to the Secretary of State for Trade and
Industry accordingly.
>> Read
more
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Dispute
Resolution Bulletin - May 2004
>> Read
more
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Compensation
for Commercial Agents
Regulation 17 of the Commercial
Agents (Council Directive) Regulations 1993 (the "Regulations")
entitles a commercial agent to compensation ‘after
termination of the agency contract’.
>> Read
more
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To
Mediate or Not to Mediate
Mediation is one of the most
common forms of Alternative Dispute Resolution ("ADR")
and is a method of resolving disputes which the courts
have encouraged in recent years.
>> Read
more
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The
Enforcement of Judgments in EU Member States
You have obtained a judgment
in the UK, but the debtor has failed to pay the sum
due. You have exhausted all enforcement steps in this
country, but are aware that the debtor owns, or may
own, assets abroad. What steps can be taken?
>> Read
more
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Ownership
of Second-hand Goods
Can you be confident of taking
good title when purchasing second-hand goods? A recent
House of Lords decision has cast further doubt on the
position.
>> Read
more
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Anti-Social
Behaviour Act - Royal Assent
The Anti-social Behaviour
Act 2003 ('the Act') was given Royal Assent on 19 November
2003. Whilst not yet fully in force, the Act has received
a lot of press coverage. Part of the Act came into
force on 20 January 2004, and other parts should come
into force during 2004.
>> Read
more
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High
Hedges - All Is Not Lost! (Updated)
A Private Members Bill, the
High Hedges (No2) Bill (Bill 28), introduced by Steve
Pound MP was withdrawn in November 2003. Good news
however is that the contents of the Bill have been
imported into the Anti-Social Behaviour Act ('the Act'),
which received Royal Assent on 19 November 2003.
>> Read
more
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| How Valuable are Retention
of Title Clauses?
Retention of title clauses
are designed to provide protection for a seller who
is unable to obtain payment for goods which have already
been delivered to the buyer. Whether or not such clauses
will be upheld is largely dependant upon the way they
are drafted ad the type of goods involved.
>> Read more
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What
Constitutes ‘mistake’ in Contractual Terms?
A recent Court of Appeal decision
has shed further light on the question of mistake in
contract law. The issue of mistake will only arise
where the contract itself does not deal with the question
of which party should bear the risk of a particular
set of circumstances occurring, or does not deal with
sufficient certainty with the situation that has arisen.
>> Read
more
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Refusal
to Mediate
The court has the power under
Rule 3.1(5) to order a party to make a payment into
court if that party has, without good reason, failed
to comply with a rule, practice direction or pre-action
protocol. The money paid in provides security for any
sum ordered to be paid to another party in the proceedings.
>> Read
more
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When
is a Refusal to Mediate Justified?
The CPR places the courts
under a duty to consider whether cases can be settled
through alternative dispute resolution and to encourage
parties down that route where appropriate. The courts
have shown an enthusiasm for alternative dispute resolution
which has manifested itself in several noteworthy cases.
Mediation is the most commonly used, but by no means
the only, form of alternative dispute resolution.
>> Read
more
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Civil
Procedure Rules: Pre-Action Protocols
Those familiar with the Civil
Procedure Rules ("CPR") will also be familiar with
the requirement to follow a pre-action protocol if
one applies to the particular area of claim in dispute.
>> Read
more
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Counting
the Costs
Whilst it is acknowledged
that the decision in the following case did not emanate
from the higher appellate courts, it nevertheless provides
a useful clarification of the costs implications for
parties who attempt to reach settlement through mediation
or other forms of negotiation.
>> Read
more
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The
Court's Approach to Entire Agreement and Non-reliance
Clauses in Commercial Contracts
Entire agreement and/or non-reliance
clauses are designed to provide the parties to a contract
with commercial certainty and to avoid costly litigation
arising from allegations as to the content of oral
discussions at pre-contract meetings. However, when
a dispute arises as to the meaning and operation of
a contract, reliance on an entire agreement clause
is often challenged.
>> Read
more
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Assessing
Prospects of Success
There are a number of situations
that can arise during court proceedings where it may
be necessary for the court to analyse a party’s
prospects of success.
>> Read
more
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The Without Prejudice Rule and its Impact
The without prejudice rule is a form of privilege, based on the policy of encouraging litigants to settle disputes without recourse to the courts wherever possible. But what are its uses and limitations?
The Courts have shown a consistent approach to the without prejudice rule and appear keen to maintain it for the benefit of settlement discussions. However, the rule is open to abuse by parties attempting to rely on it to keep evidence that may not benefit its position from being admitted in court.
>> Read more
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A Victory for Scum!
The case of Ashbrook -v- East Sussex County Council, heard in the Court of Appeal on 20 November 2002, has resulted in a victory for ramblers. The Council were found to have been wrong in allowing a 140 year old public footpath to be diverted over land belonging to Rarebargain Limited ("RL"), a company in which Nicholas van Hoogstraten has an interest in.
>> Read more
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Additional Consumer Protection under The Sale and Supply of Goods to Consumers Regulations 2002
The Sale and Supply of Goods to Consumers Regulations 2002 (the "Regulations") came into force on 31 March 2003. They provide protection for all ‘consumers’, which includes all natural persons acting outside of a trade, business or profession. The Regulations are designed as a step towards harmonising consumer legislation with the European Community.
>> Read more
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Third Party (Rights Against Insurers) Bill 2002
It is all too common for an individual or a company to be advised that they have a valid claim against another party but that claim cannot be met because the individual or company is insolvent.
>> Read more
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The Insolvency Act 2000 to the rescue?
Later this year, one of the most important features of the new Insolvency Act 2000 comes into force and is likely to offer a lifeline to small companies faced with financial difficulties.
>> Read more
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Human Rights Act - A new remedy in the planning arena?
The Human Rights Act which came into force on 2nd October 2000 has received an enormous amount of publicity. Many areas of law will be affected by the new legislation and planning and environmental law will undoubtedly receive some careful scrutiny by Human Rights lawyers.
>> Read more
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Damages For Lost Management Time
Legal Action, or Commercial Litigation, is almost always unwelcome to a business because of the cost and disruption that can be involved. Often the greatest hidden cost is management time spent dealing with the aftermath of a problem in order to reduce the adverse impact on the business.
>> Read more
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Court of Appeal clarifies criteria for the enforcement of a German default judgment in England
COURT OF APPEAL
Harry M Jurgens - v - TSN Kunststoffrecycling GmbH
Judgement of 25.01.2002, published 20.02.2002
>> Read more
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Liability of a Parent Company for the Debts of its Subsidiary
Companies often arrange their corporate structure in such a way as to limit their financial exposure. In the shipping industry of course, this is often done by way of the traditional ‘one ship company’.
>> Read more
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