Published: 16 August 2017
Staying at the heart of international dispute resolution
As the United Kingdom prepares to exit the European Union, steps are being taken to ensure that England and Wales retains its reputation as the ‘go to’ jurisdiction for international dispute resolution.
There are many advantages to conducting litigation in England and Wales. Indeed, the Lord Chief Justice has recently commented that the overall cost of UK dispute resolution ‘compares favourably’ to alternative jurisdictions. In its present state, England and Wales is recognised as one of the fairest and most adaptable systems in the world – particularly in respect of its ability to adapt court procedures to meet the requirements of a particular case.
Irrespective of this position, the ‘business’ Courts of England and Wales previously consisted of the Commercial Court (including the Mercantile Court), the Technology and Construction Court and the courts of the Chancery Division. Whilst these courts all have different names, they all fundamentally deal with matters concerning business and property.
Published: 10 July 2017
Changes to debt recovery before commencing litigation in England and Wales from 1 October 2017
The implementation of the Civil Procedure Rules in 1999 brought in a new concept: pre‑action protocols.
The aim of these protocols was to encourage early engagement and communication between the parties with a view to enabling them to resolve matters without the need to start court proceedings and to save costs.
However, it has taken the Ministry of Justice until 2017 to suggest a suitable pre-action protocol for the litigation of debts owed by one party to another. This new protocol applies to any business debt, or claiming payment of a debt from an individual.
Published: 6 July 2017
Central London Commercial Law firm Fletcher Day is excited to welcome back Luiz Costa, following his appointment as Senior Associate within the Dispute resolution team. The appointment took effect from Monday 3rd July 2017.
Published: 24 April 2017
KEEP CALM AND BREXIT!
Jovita Vassallo, Head of Dispute Resolution at Fletcher Day, delivered another successful presentation in March 2017 during an International Business Law Consortium conference in Cyprus. Her subject on this occasion was Brexit.
As Article 50 was about to be triggered, Jovita focused on the positive aspects of Brexit. The group of international lawyers, many of whom were European, found this approach refreshing, and came away feeling more confident about the process than before.
Property transactions – ‘it’s not fair they have taken my deposit. Is there any way I can get it back?’
Published: 27 January 2017
A recent case reminds us all of the vulnerability of deposits paid in property transactions. Whilst statute might exceptionally come to the aid of those who cannot complete a contract and lose their deposit – ordinarily loss of a deposit is no more than what you bargained for.
Solid Rock Investments UK Ltd –v- Reddy  EWHC 3043 (Ch)
Published: 27 February 2016
On Friday 19 February Fletcher Day secured a £1.4 million ‘win’ for our clients. We acted for a group of investors in a claim arising out of a £405 million investment in a hotel development in the Caribbean (Buccament Bay) through the Harlequin group of companies. We successfully obtained summary judgment in a claim brought by directors, Mr and Mrs Ames.
The history of this case is complex and our clients had issued a claim against the Ames’ which was settled for £1.3 million. However, when the Ames failed to honour their obligations and our clients went to enforce, the Ames attempted to use the court system to avoid payment. They alleged misrepresentations by our clients’ former solicitor, amongst other things, to drag our clients through the courts to trial.
Published: 21 December 2015
George Osborne’s Autumn Statement announced on 25 November 2015 revealed some major changes which, ultimately, will reduce the attraction of a “Buy to Let” (BTL) investment from 1 April 2016.
Published: 29 October 2015
In a property sale, can a party who has both failed to complete a sale on the contractual completion date and failed to comply with a notice to complete, subsequently turn the tables and rescind a contract itself, thereby pulling the rug out from under the ‘innocent’ party’s feet? In the recent case of Hakimzay Ltd v Swailes the answer, as many would expect, was no.
Published: 28 April 2015
We all think that being a victim of fraud is something that happens to other people: a remote tragedy that affects only a minority, yet with the Land Registry paying out over £26million in claims for fraud last year the risk of being a victim of property fraud is greater than ever.
Published: 26 February 2015
With a big fanfare, legislation was introduced in 2012 to make squatting in residential premises a criminal offence. From that time on, it has been punishable by a fine of up to £5,000 or imprisonment of up to 6 months.
Published: 15 December 2014
John joined Fletcher Day in December 2014 and is Legal Adviser to the firm’s commercial and property litigation department.
Published: 26 March 2014
There is no escaping the fact that we live in a digital age. Digital technology has revolutionised the way we communicate, not just socially, but professionally.
Published: 26 March 2014
Can landlords get rid of commercial tenants for any old reason? Perhaps not, but there is a recent reminder that the reasons for doing so are theoretically wider than is usually appreciated.
Published: 26 March 2014
A recent high court case concerning ethical cosmetics company LUSH has clarified the law surrounding the use of registered trademarks in keyword advertising.
Published: 12 February 2014
Valentines Day is a celebration of love, but for those who are currently embroiled in a court dispute, there won’t be love in the air this February.
Published: 10 February 2014
Fletcher Day is delighted to welcome Jovita Vassallo as our new Head of Dispute Resolution.
Published: 27 October 2013
Nobody wants to think about disputes unless they have one. Unfortunately all too often, businesses find themselves stumbling into disputes they didn’t see coming.