Fletcher Day solicitors in São Paulo 26 November to 3 December 2017

Fletcher Day solicitors in São Paulo 26 November to 3 December 2017

Published: 16 November 2017

Fletcher Day are pleased to announce that Jovita Vassallo and Luiz Costa will be attending the XXIII Conferencia Nacional da Advocacia Brasileira, to be held in São Paulo from 27 to 30 November 2017.

The Business and Property Courts of England and Wales

The Business and Property Courts of England and Wales

Published: 16 August 2017

Staying at the heart of international dispute resolution 

Background

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.

Reclaiming a debt in court? Don’t fall foul of the new Debt Recovery Protocol

Reclaiming a debt in court? Don’t fall foul of the new Debt Recovery Protocol

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.

Fletcher Day expands Dispute Resolution team with appointment of Senior Associate lawyer

Fletcher Day expands Dispute Resolution team with appointment of Senior Associate lawyer

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.

KEEP CALM AND BREXIT! 

KEEP CALM AND BREXIT! 

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?’

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 [2016] EWHC 3043 (Ch)

Victorious in the High Court

Victorious in the High Court

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. 

SDLT and the Sting in the Tail of Buy to Lets

SDLT and the Sting in the Tail of Buy to Lets

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.

Pulling the Rug Out From Underneath

Pulling the Rug Out From Underneath

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. 

Property Fraud: Coming to a Home Near You

Property Fraud: Coming to a Home Near You

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.

The Best Result Yet for Squatters

The Best Result Yet for Squatters

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. 

John Yianni Joins Fletcher Day

Published: 15 December 2014

John joined Fletcher Day in December 2014 and is Legal Adviser to the firm’s commercial and property litigation department.

Legally Bound: When is a Contract a Contract?

Legally Bound: When is a Contract a Contract?

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.

Removing Commercial Tenants: Any Old Reason?

Removing Commercial Tenants: Any Old Reason?

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.

Isn't it Lush?

Isn't it Lush?

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. 

Love is in the Air

Love is in the Air

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. 

Fletcher Day Dispute Resolution Team Expands

Fletcher Day Dispute Resolution Team Expands

Published: 10 February 2014

Fletcher Day is delighted to welcome Jovita Vassallo as our new Head of Dispute Resolution.

Top Tips for Handling Commercial Disputes

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.