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Arbitration proceedings – extensions of time?

The CA has permitted a claim for arbitration to be issued out of time, which is unusual. The terms under which a dispute may be referred to arbitration will be set out in the arbitration agreement, many of which contain a strict time limit for issuing a claim. Often the time can be as little as 14 to 28 days, which can be onerous especially if the proceedings are an appeal. This can lead to claims being issued out of time, typically if the time limits are not clear.
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Guarantees – test extended

A recent HC case considered the common situation where a company director gave personal guarantees in relation to loans provided to a limited company (interestingly, a law firm which had gone into liquidation).
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Disclosure letter – can be rectified

When the shares, business or assets of a private limited company are sold, the seller prepares a disclosure letter which includes general and specific disclosures regarding the warranties that the seller is giving in the share purchase agreement (SPA). Usually the buyer agrees that the seller will not be liable for breach of warranty in relation to matters contained in the disclosure letter.
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Social media – beware defamatory statements

The SC has held that the context in which words are used in relation to defamation proceedings is essential.

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Contracts – rectifying mistakes

A useful article considers the steps parties can take when an error in a contract is only discovered after it has been signed.

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Damage – who bears the risk?

Many will recall the news coverage of an aggrieved workman driving his digger into a newly completed hotel. 
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Practical completion – not prevented by material defect

A recent case considered whether a material defect was capable of preventing practical completion under a construction contract.
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Regulated consumer credit agreement – when does limitation start?

Under s5 Limitation Act 1980 an action to recover a debt cannot be brought after six years from the date on which the cause of action accrues
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Letters of intent – beware

When trying to conclude a commercial deal it is tempting for the parties to use a ‘letter of intent’ to cover the points they cannot agree on. 
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Litigation privilege – scope

The CA has recently clarified the scope of litigation privilege.
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Most-read articles

Power of attorney – validity
Wednesday, 12 June 2019
The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
LeO – VAT and costs information
Wednesday, 12 June 2019
We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
Wednesday, 12 June 2019
Solicitors are reminded that they are officers of the court at all times and are expected to maintain an appropriate level of courtesy throughout their professional dealings. Read more...
Group action – stays in Liverpool
Wednesday, 12 June 2019
It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
Fixed recoverable costs – payable if £25k limit exceeded
Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
Wednesday, 12 June 2019
Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
Wednesday, 12 June 2019
To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
Wednesday, 12 June 2019
Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
Wednesday, 12 June 2019
In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...

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