Commercial Litigation News Archive
Company Names Dispute
When starting up a company, one of the most important considerations is the company name. Every company must have a name and this must be stated in the Memorandum.
When starting up a company, one of the most important considerations is the company name. Every company must have a name and this must be stated in the Memorandum.
Good Business Practice
Many of the commercial disputes that we advise on can be avoided. Business clients often enter into relationships giving periods of extended credit in the process, on the basis of incomplete, inconclusive business terms.
Many of the commercial disputes that we advise on can be avoided. Business clients often enter into relationships giving periods of extended credit in the process, on the basis of incomplete, inconclusive business terms.
Lease Renewal: Landlord in Administration
Under the Insolvency Act 1986 (and other legislation) a company in administration is protected against legal action being issued against it by a Statutory Moratorium.
Under the Insolvency Act 1986 (and other legislation) a company in administration is protected against legal action being issued against it by a Statutory Moratorium.
One In Eight NHS Trusts Failing
The Care Quality Commission recently published its up to date performance ratings for all 392 NHS Trusts in England. Twenty of those Trusts were rated as ‘weak’ on quality and a further 27 which had not been higher than ‘fair’ for quality and financial management in the past 4 years. Generally the Primary Care Trusts obtained better results.
The Care Quality Commission recently published its up to date performance ratings for all 392 NHS Trusts in England. Twenty of those Trusts were rated as ‘weak’ on quality and a further 27 which had not been higher than ‘fair’ for quality and financial management in the past 4 years. Generally the Primary Care Trusts obtained better results.
Unintentionally Homeless: What it Means
The recent House of Lords case of Moran –v- Manchester City Council [2009] looked at two questions in respect of housing: the first was the definition of “accommodation”; the second was the definition of “unintentionally homeless”. Whilst this may sound like an academic exercise, it has significant implications for landlords, tenants and Local Authorities.
The recent House of Lords case of Moran –v- Manchester City Council [2009] looked at two questions in respect of housing: the first was the definition of “accommodation”; the second was the definition of “unintentionally homeless”. Whilst this may sound like an academic exercise, it has significant implications for landlords, tenants and Local Authorities.
Changes To Customs Standard Practice Puts Burden On Intellectual Property Rights Holders
From June 2009 HM Revenue and Customs have changed the way they deal with imported goods that appear to infringe Copyright or Trade Marks. Up until June 2009 standard practice was for HM R&C to seize the goods at their point of entry into the UK and then require the owner of those goods to prove that they did not infringe any intellectual property rights. All that was required for HM R&C to act was a statement from the owner of the intellectual property right asserting that the goods did infringe that right. HM R&C then seized the goods until the owner of the goods was able to prove that there was no infringement.
From June 2009 HM Revenue and Customs have changed the way they deal with imported goods that appear to infringe Copyright or Trade Marks. Up until June 2009 standard practice was for HM R&C to seize the goods at their point of entry into the UK and then require the owner of those goods to prove that they did not infringe any intellectual property rights. All that was required for HM R&C to act was a statement from the owner of the intellectual property right asserting that the goods did infringe that right. HM R&C then seized the goods until the owner of the goods was able to prove that there was no infringement.
Housing Benefits: Now You See Them, Now You Don’t
It is a fact of life that in a recession there will be significant numbers of people out of work. Our social security system is set up to provide those people with assistance, including housing. In some cases, local councils are able to place unemployed people in houses owned by the council. However, councils are increasingly relying the private rental sector to provide housing and councils are therefore responsible for making rental payments to those private landlords.
It is a fact of life that in a recession there will be significant numbers of people out of work. Our social security system is set up to provide those people with assistance, including housing. In some cases, local councils are able to place unemployed people in houses owned by the council. However, councils are increasingly relying the private rental sector to provide housing and councils are therefore responsible for making rental payments to those private landlords.
Deathbed Gifts – Probate Litigation
It is a fairly common scene in films and on television to see a dying person (the Donor), lay in bed and clearly in their final few minutes, speaking with their nearest and dearest (the Donee) and then offering a valuable trinket or other gift and saying that they want the person to have it, usually followed by a dramatic last breath.
It is a fairly common scene in films and on television to see a dying person (the Donor), lay in bed and clearly in their final few minutes, speaking with their nearest and dearest (the Donee) and then offering a valuable trinket or other gift and saying that they want the person to have it, usually followed by a dramatic last breath.
Hand Of God Defeats The Empire’s Copyright
In 2008, Star Wars creator George Lucas, through his production company Lucasfilm Ltd, brought an action before the High Court against a former employee of Lucasfilm. The former employee had been selling replica Star Wars characters and costumes. Lucasfilm claimed that the Imperial Stormtrooper figures’ helmets and armour were protected by their copyright. The Court went on to consider whether or not the Stormtrooper figures and articles could be protected by copyright.
In 2008, Star Wars creator George Lucas, through his production company Lucasfilm Ltd, brought an action before the High Court against a former employee of Lucasfilm. The former employee had been selling replica Star Wars characters and costumes. Lucasfilm claimed that the Imperial Stormtrooper figures’ helmets and armour were protected by their copyright. The Court went on to consider whether or not the Stormtrooper figures and articles could be protected by copyright.
Choice Of Company Name
We often advise businesses (often new start-ups) that have been approached by a competitor (often on the other side of the country) who have complained that our client has chosen the same, or similar, business name to the competitor.
We often advise businesses (often new start-ups) that have been approached by a competitor (often on the other side of the country) who have complained that our client has chosen the same, or similar, business name to the competitor.
Default On Property Purchase :What Can You Claim?
This has become a very topical issue in the current economic climate, particularly where property values are dropping and parties are finding it more and more difficult to secure appropriate bank lending.
This has become a very topical issue in the current economic climate, particularly where property values are dropping and parties are finding it more and more difficult to secure appropriate bank lending.
Bank Charges High Court Test Case
Over the past few years, customer complaints about the level of charges levied by banks for unauthorised overdrafts have increased. Along with the increase in complaints, has come an increase in coverage in the media. Initially, individual bank customers had to challenge the validity and extent of the charges with the banks themselves. Clearly, this had the potential for opening up an immense number of claims and creating a backlog in the courts.
Over the past few years, customer complaints about the level of charges levied by banks for unauthorised overdrafts have increased. Along with the increase in complaints, has come an increase in coverage in the media. Initially, individual bank customers had to challenge the validity and extent of the charges with the banks themselves. Clearly, this had the potential for opening up an immense number of claims and creating a backlog in the courts.
Non-Derogation From Grant:
A recent case before the Court of Appeal has supported a legal rule which, whilst not being widely known amongst the public, can apply in a variety of situations and can assist parties where there is no other cause of action.
A recent case before the Court of Appeal has supported a legal rule which, whilst not being widely known amongst the public, can apply in a variety of situations and can assist parties where there is no other cause of action.
Time Is Money: Recovering Staff And Managerial Time On A Dispute
In any litigation there must be an effective partnership between solicitor and client. The client obviously requires the solicitor to exercise his or her skill and knowledge in attempting to achieve a successful outcome in the case. The solicitor, in turn, will often require his or her client to spend time looking through documents, considering the issues of the claim, responding to points raised by the other side and generally giving instructions.
In any litigation there must be an effective partnership between solicitor and client. The client obviously requires the solicitor to exercise his or her skill and knowledge in attempting to achieve a successful outcome in the case. The solicitor, in turn, will often require his or her client to spend time looking through documents, considering the issues of the claim, responding to points raised by the other side and generally giving instructions.
Dilapidations
Dilapidations is a term used when referring to the state of repair of a commercial property during the term of the tenancy or when the lease ends. The starting point when considering the repairing and decorating obligations is the lease. If there is a breach of these obligations, a claim for dilapidations can arise.
Dilapidations is a term used when referring to the state of repair of a commercial property during the term of the tenancy or when the lease ends. The starting point when considering the repairing and decorating obligations is the lease. If there is a breach of these obligations, a claim for dilapidations can arise.
Renewing And Ending Business Leases
Broadly, the Landlord & Tenant Act 1954 gives business tenants the right to renew the tenancy when it comes to an end. If the landlord and tenant agree that there should be a new tenancy, they may also agree the terms of that tenancy. However, where there is no agreement to a new tenancy or the landlord and tenant cannot agree on its terms, either can apply to the court to end the tenancy or for a new tenancy. The Court may order a new tenancy and then settle the rent and the other terms of that tenancy.
Broadly, the Landlord & Tenant Act 1954 gives business tenants the right to renew the tenancy when it comes to an end. If the landlord and tenant agree that there should be a new tenancy, they may also agree the terms of that tenancy. However, where there is no agreement to a new tenancy or the landlord and tenant cannot agree on its terms, either can apply to the court to end the tenancy or for a new tenancy. The Court may order a new tenancy and then settle the rent and the other terms of that tenancy.
Forfeiture of Leases
Landlords and tenants of commercial properties occasionally find themselves in dispute. This is generally either because the tenant withholds or defaults on rent or because of some conduct taken by the landlord or tenant which the other finds unacceptable.
Landlords and tenants of commercial properties occasionally find themselves in dispute. This is generally either because the tenant withholds or defaults on rent or because of some conduct taken by the landlord or tenant which the other finds unacceptable.
Service Charges: Read the Small Print
Anyone living within a reasonable distance of our Manchester office will most likely have visited or at least heard of The Trafford Centre. If you have been, you may have seen the “Sky Wall” (the enormous TV screen) in the food court, a jazz band or string quartet and the mechanical Barney Bear, who trawls the centre with his human assistant to entertain the children. If you have enough time on your hands, you may have even wondered who pays for such facilities. In a recession, the answer to that question can be strongly fought over. A recent case between Boots UK Limited and The Trafford Centre involved such a dispute.
Anyone living within a reasonable distance of our Manchester office will most likely have visited or at least heard of The Trafford Centre. If you have been, you may have seen the “Sky Wall” (the enormous TV screen) in the food court, a jazz band or string quartet and the mechanical Barney Bear, who trawls the centre with his human assistant to entertain the children. If you have enough time on your hands, you may have even wondered who pays for such facilities. In a recession, the answer to that question can be strongly fought over. A recent case between Boots UK Limited and The Trafford Centre involved such a dispute.
Terms Of Business
In these uncertain times, we do find time and again that clients with better quality terms and conditions are better placed to deal with any problems that arise with a trading relationship.
In these uncertain times, we do find time and again that clients with better quality terms and conditions are better placed to deal with any problems that arise with a trading relationship.
Contract Disputes On The Rise
In difficult financial times businesses and individuals are seeking to reduce their liabilities as far as possible. We have noted an increase in the number of enquiries we receive from both businesses and individuals asking whether they are able to get out of contracts that they entered into before the downturn. The enquiries relate to everything from property investors buying ‘off plan’ some years ago (and now being told that the property is complete) to organisations wanting to get out of onerous equipment leases for items such as photocopiers.
In difficult financial times businesses and individuals are seeking to reduce their liabilities as far as possible. We have noted an increase in the number of enquiries we receive from both businesses and individuals asking whether they are able to get out of contracts that they entered into before the downturn. The enquiries relate to everything from property investors buying ‘off plan’ some years ago (and now being told that the property is complete) to organisations wanting to get out of onerous equipment leases for items such as photocopiers.
Arrangements Short Of Bankruptcy
With the recent and increasing levels of bankruptcy petitions recently reported which is likely to get worse in the present economic climate, it seems timely to revisit the alternatives on offer to bankruptcy to consumers.
With the recent and increasing levels of bankruptcy petitions recently reported which is likely to get worse in the present economic climate, it seems timely to revisit the alternatives on offer to bankruptcy to consumers.
Service Charge Arrears
With the development and growth of hundreds of properties across the North West and surrounding regions it is no surprise that there is now a growing sum of service charge arrears at many of these block managed developments.
With the development and growth of hundreds of properties across the North West and surrounding regions it is no surprise that there is now a growing sum of service charge arrears at many of these block managed developments.
Directors’ Potential Liability in Liquidations and Administrations
In troubled financial times such as these it is increasingly likely that companies are going to be struggling financially and, for the most unfortunate, entering into some form of insolvency process such as liquidation or administration. In the downturn it would be tempting for directors, to whom it appears insolvency is inevitable, to do their best to ensure that they or those that they know do not lose out because of the downfall of the company.
In troubled financial times such as these it is increasingly likely that companies are going to be struggling financially and, for the most unfortunate, entering into some form of insolvency process such as liquidation or administration. In the downturn it would be tempting for directors, to whom it appears insolvency is inevitable, to do their best to ensure that they or those that they know do not lose out because of the downfall of the company.
New Register Of Judgments, Fines & Orders
People who don’t pay their fines or moneys due under an Order from the Magistrates Court will find their names placed on a new public Register. The Register of Judgments, Orders & Fines.
People who don’t pay their fines or moneys due under an Order from the Magistrates Court will find their names placed on a new public Register. The Register of Judgments, Orders & Fines.
New Pre-Pack Rules Under SIP 16
On 1 January 2009 new rules relating to pre-pack administrations were introduced under the Statement of Insolvency Practice No: 16. (SIP). These rules require Insolvency Practitioners to provide creditors with certain information when carrying out a pre-pack sale in an administration. Of late pre-pack administrations have been gaining media attention, particularly following a series of high profile pre-pack administrations of a number of high street chains.
On 1 January 2009 new rules relating to pre-pack administrations were introduced under the Statement of Insolvency Practice No: 16. (SIP). These rules require Insolvency Practitioners to provide creditors with certain information when carrying out a pre-pack sale in an administration. Of late pre-pack administrations have been gaining media attention, particularly following a series of high profile pre-pack administrations of a number of high street chains.
Trade Mark Proctection Against Google Vultures
In June 2008 Jonathan Hassall prepared an article following his advice to a client that had suffered at the hands of opportunistic competitors sponsoring a link when his company name was put into search engines.
In June 2008 Jonathan Hassall prepared an article following his advice to a client that had suffered at the hands of opportunistic competitors sponsoring a link when his company name was put into search engines.
Employees May Now Be Able To Reap The Rewards Of Their Patented Inventions
Recent caselaw means that employees who invent for their employers may now be able to receive some of the benefit of their work. Whilst this was always theoretically the case, it hasn’t worked this way in practice.
Recent caselaw means that employees who invent for their employers may now be able to receive some of the benefit of their work. Whilst this was always theoretically the case, it hasn’t worked this way in practice.
Money Matters – Debt Relief Orders
On 6 April 2009 new legislation comes into force which creates Debt Relief Orders. These will assist individuals who have debt problems. A requirement is that the individual has less than £15,000 of unsecured debt and less than £300 in assets. There are also minimum monthly disposable amounts which need to be satisfied.
On 6 April 2009 new legislation comes into force which creates Debt Relief Orders. These will assist individuals who have debt problems. A requirement is that the individual has less than £15,000 of unsecured debt and less than £300 in assets. There are also minimum monthly disposable amounts which need to be satisfied.
Company Names Adjudicator To Help Trade Mark Protection
The United Kingdom Intellectual Property Office (UKIPO) now has an increased role. The position of Company Names Adjudicator came into existence after the coming into force on 1 October 2008 of a number of provisions of the Companies Act 2006. The Company Names Adjudicator is able to hear complaints from businesses where a new company and incorporation name is sufficiently similar to an existing business’s name that its use in the UK would be likely to mislead by suggesting a relationship between the new company and the existing business.
The United Kingdom Intellectual Property Office (UKIPO) now has an increased role. The position of Company Names Adjudicator came into existence after the coming into force on 1 October 2008 of a number of provisions of the Companies Act 2006. The Company Names Adjudicator is able to hear complaints from businesses where a new company and incorporation name is sufficiently similar to an existing business’s name that its use in the UK would be likely to mislead by suggesting a relationship between the new company and the existing business.
Sound Business Practice
We are often asked to advise organisations on intellectual property matters. The client’s first words when they are in disagreement are often “we have the trading name”. What do they mean by this?
We are often asked to advise organisations on intellectual property matters. The client’s first words when they are in disagreement are often “we have the trading name”. What do they mean by this?
Trespass – Who is Liable: Landlord or Tenant?
The principles of trespass are well known and it is widely accepted that if you enter on to another person’s land without their permission or without some other right to do so, you are likely to commit a trespass and will be liable to the landowner for your act.
The principles of trespass are well known and it is widely accepted that if you enter on to another person’s land without their permission or without some other right to do so, you are likely to commit a trespass and will be liable to the landowner for your act.
Insolvency Practitioners Feel The Pinch Of Housing Market Slump
Recently, this firm acted for a well-known firm of insolvency practitioners to obtain an Order for Possession to realise the Trustee in Bankruptcy’s interest in the bankrupt’s property. The valuation of the property at the beginning of this firm’s instruction was in the region of £500,000 with the instruction being received in late 2007.
Recently, this firm acted for a well-known firm of insolvency practitioners to obtain an Order for Possession to realise the Trustee in Bankruptcy’s interest in the bankrupt’s property. The valuation of the property at the beginning of this firm’s instruction was in the region of £500,000 with the instruction being received in late 2007.
Lease Assignment And Subletting - Landlords’ Consent
A commercial lease will often contain a clause dealing with the position where a tenant wishes to sublet or assign a lease. With a number of businesses under pressure due to the current economic climate, subletting or assigning can be a useful way of reducing costs and avoiding losses. However, in order to achieve its objectives, a tenant has to abide by the relevant provisions in the lease. Equally, the landlord then has obligations placed upon it to respond appropriately.
A commercial lease will often contain a clause dealing with the position where a tenant wishes to sublet or assign a lease. With a number of businesses under pressure due to the current economic climate, subletting or assigning can be a useful way of reducing costs and avoiding losses. However, in order to achieve its objectives, a tenant has to abide by the relevant provisions in the lease. Equally, the landlord then has obligations placed upon it to respond appropriately.
Protecting Your Savings Deposits
Following the problems in the credit market caused by the US sub prime mortgage financial crisis, investors are in need of reassurance. Major institutions such as the Northern Rock Building Society, Bradford and Bingley, Halifax, the Royal Bank of Scotland and now the major Icelandic banks have been shaken by the tremor of the credit crunch.
Following the problems in the credit market caused by the US sub prime mortgage financial crisis, investors are in need of reassurance. Major institutions such as the Northern Rock Building Society, Bradford and Bingley, Halifax, the Royal Bank of Scotland and now the major Icelandic banks have been shaken by the tremor of the credit crunch.
Rights of Way : Rights and Wrongs
Rights of way have been a source of uncertainty and dispute for many years for both land owners and for the people who have the benefit of the right of way.
Rights of way have been a source of uncertainty and dispute for many years for both land owners and for the people who have the benefit of the right of way.
Professional And Semi-Professional Sporting Clubs May Face Damages Claims
Following a ruling on the 18 June 2008 at the Court of Appeal professional sporting clubs whose players deliberately foul opponents may find themselves faced with damages claims by the victims of these deliberate fouls. This ruling came about following a rugby match between Redruth RFC and Halifax RFC in October 2005.
Following a ruling on the 18 June 2008 at the Court of Appeal professional sporting clubs whose players deliberately foul opponents may find themselves faced with damages claims by the victims of these deliberate fouls. This ruling came about following a rugby match between Redruth RFC and Halifax RFC in October 2005.
Protect Yourself Against The Google Vultures!
John Coates, Proprietor of Rampdale Insurance was furious when surfing the internet one evening and entering the name of his firm, only to be faced with a list of his competitors. John immediately contacted Jonathan Hassall, IP expert at Linder Myers Solicitors for his advice.
John Coates, Proprietor of Rampdale Insurance was furious when surfing the internet one evening and entering the name of his firm, only to be faced with a list of his competitors. John immediately contacted Jonathan Hassall, IP expert at Linder Myers Solicitors for his advice.
Fantastic Four Face The Toughest Challenge Yet!
Throughout April 2008 Film Four has been showing a series of Sci-Fi movies, including the Fantastic Four film. Many viewers will know that the sequel film The Rise of the Silver Surfer was released in summer last year, but many will not know that their promotional merchandise is the subject of court proceedings both here in the UK and in the United States.
Throughout April 2008 Film Four has been showing a series of Sci-Fi movies, including the Fantastic Four film. Many viewers will know that the sequel film The Rise of the Silver Surfer was released in summer last year, but many will not know that their promotional merchandise is the subject of court proceedings both here in the UK and in the United States.
Enforcing a Judgment by Charging Orders or Persistence Pays
One of the methods of enforcement of a Judgment open to a Creditor is to obtain a Charging Order against assets owned by the Debtor. The Charging Order typically takes effect over the debtor’s interest in land as though it was a mortgage although other assets are open to a Charging Order.
One of the methods of enforcement of a Judgment open to a Creditor is to obtain a Charging Order against assets owned by the Debtor. The Charging Order typically takes effect over the debtor’s interest in land as though it was a mortgage although other assets are open to a Charging Order.
Neighbour Disputes – “Potty” Or Fair?
Much comment has been made in the news this week about the dispute between two wealthy landowners who have spent 3 years and £300,000 each in a dispute over an area of their gardens. The Judge describing the case as “potty”!
Much comment has been made in the news this week about the dispute between two wealthy landowners who have spent 3 years and £300,000 each in a dispute over an area of their gardens. The Judge describing the case as “potty”!
Purchasing Goods And Services Abroad, Are You Protected? – 2007/2008 Update
Please note that this article should be read in conjunction with my earlier article on the same subject.
Please note that this article should be read in conjunction with my earlier article on the same subject.
Intellectual Property
In the United Kingdom Intellectual Property is a phrase we hear mentioned more and more. This is probably because of the advent of computers and the electronic age which brought with it huge trading revenue and brand awareness. Companies (and individuals) often squabble over the “look” of their website and the similarity of trading and domain names.
In the United Kingdom Intellectual Property is a phrase we hear mentioned more and more. This is probably because of the advent of computers and the electronic age which brought with it huge trading revenue and brand awareness. Companies (and individuals) often squabble over the “look” of their website and the similarity of trading and domain names.
How To Shorten Circuit Litigation
Part 36 Offers
Part 36 Offers
Inheritance Disputes for Cohabitees and Civil Partners
With the recent dramatic increase in property values and the emergence of a Society that is not afraid of seeking resolution of disputes through the Courts, wills and inheritance disputes have increased substantially.
With the recent dramatic increase in property values and the emergence of a Society that is not afraid of seeking resolution of disputes through the Courts, wills and inheritance disputes have increased substantially.
Commercial Rent Arrears Recovery: Distressing Times For Landlords
Following the royal assent to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the 19th July 2007 the law relating to Commercial Rent Arrears Recovery (CRAR) has moved towards a major change. Of particular note is the replacement of the remedy of distress with a new procedure for recovery of commercial rent arrears. Distress has simply been abolished and the procedure only applies to commercial rents without a similar procedure for residential rent arrears. Before proceeding to examine the changes and what they will mean for landlords it is important to know what distress is in the first place.
Following the royal assent to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the 19th July 2007 the law relating to Commercial Rent Arrears Recovery (CRAR) has moved towards a major change. Of particular note is the replacement of the remedy of distress with a new procedure for recovery of commercial rent arrears. Distress has simply been abolished and the procedure only applies to commercial rents without a similar procedure for residential rent arrears. Before proceeding to examine the changes and what they will mean for landlords it is important to know what distress is in the first place.
British Gas Refuse To Test Faulty Meter
Linder Myers has been instructed by Professor Stephen Martin, of Durham, in respect of a dispute with British Gas.
Linder Myers has been instructed by Professor Stephen Martin, of Durham, in respect of a dispute with British Gas.
Shareholders Disputes – Alternative Dispute Resolution (ADR)
There has been considerable recent media interest regarding the usage of Mediation to resolve commercial disputes and more particularly, as to whether solicitors are not doing enough to push Mediation or Alternative Dispute Resolution (“ADR”) as a method of resolving disputes. Whilst I do not consider it fair to suggest that all solicitors do not promote ADR, it may be that ADR is not used as much as it should.
There has been considerable recent media interest regarding the usage of Mediation to resolve commercial disputes and more particularly, as to whether solicitors are not doing enough to push Mediation or Alternative Dispute Resolution (“ADR”) as a method of resolving disputes. Whilst I do not consider it fair to suggest that all solicitors do not promote ADR, it may be that ADR is not used as much as it should.
Growth In Disputes Relating To Wills And Estates
May be it’s because over recent years the size of estates have grown so significantly because of the rise in property prices that we have seen a remarkable increase in cases where family members are challenging Wills or Estates (or in many instances due to the lack of a Will).
May be it’s because over recent years the size of estates have grown so significantly because of the rise in property prices that we have seen a remarkable increase in cases where family members are challenging Wills or Estates (or in many instances due to the lack of a Will).
New Era for Commercial Litigation Team
A significant expansion programme has been launched at one of Manchester's most established firms of solicitors.
A significant expansion programme has been launched at one of Manchester's most established firms of solicitors.
You’re in my light! – Remedies for infringement of the right to light
As I look out of my city centre office I see countless cranes dominating the sky line with huge office and apartment blocks under development. Small and historic buildings are now being towered over by shiny new offices and apartments. But at what price to the developer who chooses to infringe the rights of light of their neighbour?
As I look out of my city centre office I see countless cranes dominating the sky line with huge office and apartment blocks under development. Small and historic buildings are now being towered over by shiny new offices and apartments. But at what price to the developer who chooses to infringe the rights of light of their neighbour?
Mediation – When talk can be cheap!
In November 2005, we saw the launch of National Mediation Awareness Week, being an attempt by the government to promote the awareness of mediation as an alternative to litigation.
In November 2005, we saw the launch of National Mediation Awareness Week, being an attempt by the government to promote the awareness of mediation as an alternative to litigation.
Licensing Act 2003
LICENSING ACT 2003 applications must be made to Local Authority by 6 August 2005
LICENSING ACT 2003 applications must be made to Local Authority by 6 August 2005
Purchasing goods and services abroad. Are you protected?
Increasing numbers of individuals are travelling abroad on holiday. In many countries individuals are being persuaded to purchase expensive items such as jewellery and electrical goods or even to enter into agreements involving long term commitments, for example, timeshares or holiday clubs.
Increasing numbers of individuals are travelling abroad on holiday. In many countries individuals are being persuaded to purchase expensive items such as jewellery and electrical goods or even to enter into agreements involving long term commitments, for example, timeshares or holiday clubs.
Litigation Disclosure in the New Era of Electronic Documents
As some of you will know one of the processes undertaken by lawyers involved in litigation and particularly commercial litigation about debt, contractual issues, and intellectual property disputes, centres around the exercise known as disclosure and inspection of documents.
As some of you will know one of the processes undertaken by lawyers involved in litigation and particularly commercial litigation about debt, contractual issues, and intellectual property disputes, centres around the exercise known as disclosure and inspection of documents.
Opposing a UK trademark registration. Why it’s important to ensure it’s Worth It
A recent decision made by the High Court in the case of Special Effects Ltd v L’Oreal SA and Ors (2006) EWHC 481 could have serious implications for the way in which parties are advised to approach opposition proceedings to the registration of a Trademark in the UK Registry.
A recent decision made by the High Court in the case of Special Effects Ltd v L’Oreal SA and Ors (2006) EWHC 481 could have serious implications for the way in which parties are advised to approach opposition proceedings to the registration of a Trademark in the UK Registry.
Coronation Streets Baldwins do Battle!!!
Many of us will continue to be transfixed about the storyline following the death of Mike Baldwin and the battle between his two sons, Danny and Adam. But what is the underlying message behind all of this?
Many of us will continue to be transfixed about the storyline following the death of Mike Baldwin and the battle between his two sons, Danny and Adam. But what is the underlying message behind all of this?
Court of Appeal Credit Card decision on Purchases Abroad
Whilst I have not yet read the full case report I was interested to read in “The Times” today that the Court of Appeal overturned the decision whereby credit card companies were protected from becoming liable to consumers regarding purchases abroad.
Whilst I have not yet read the full case report I was interested to read in “The Times” today that the Court of Appeal overturned the decision whereby credit card companies were protected from becoming liable to consumers regarding purchases abroad.
The Rights of Travellers v The Rights of Local Authorities
Last week saw a key ruling by the House of Lords in relation to the rights of local authorities to evict travellers from council owned land. Local councils have a responsibility to provide space for travellers to camp on permanent sites. However, it is against the law for travellers to simply occupy land, which has not been designated by the council for this purpose. The Law Lords re-emphasised that position in the case of the Maloneys.
Last week saw a key ruling by the House of Lords in relation to the rights of local authorities to evict travellers from council owned land. Local councils have a responsibility to provide space for travellers to camp on permanent sites. However, it is against the law for travellers to simply occupy land, which has not been designated by the council for this purpose. The Law Lords re-emphasised that position in the case of the Maloneys.
Neighbour and Boundary Disputes
Disputes between neighbours are frequently different from other types of disputes. They are, by their very definition, closer to home and so more intrusive into ones personal life.
Disputes between neighbours are frequently different from other types of disputes. They are, by their very definition, closer to home and so more intrusive into ones personal life.
Licensing – A Stock Take
We are a few days away from the 24 November 2005 when the Licensing Act 2003 becomes law. Bars and pubs will operate within the terms of their new Premises Licence, controlled by their Designated Premises Supervisor holding his or her new Personal Licence.
We are a few days away from the 24 November 2005 when the Licensing Act 2003 becomes law. Bars and pubs will operate within the terms of their new Premises Licence, controlled by their Designated Premises Supervisor holding his or her new Personal Licence.
