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Nick Cook
 

6 tips that will help mortgage lenders avoid enforcement disputes

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As a bank or building society you know just how much effort is needed to bring possession proceedings against a borrower who has defaulted on their mortgage repayments. To try and help you avoid finding yourself in that position here are 6 tips we...

Estates, Disputes and your Will

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What do Abraham Lincoln and Amy Winehouse have in common? The answer is that both of them – along with a surprisingly large number of people year after year – died without having written a Will. Where this...

Acceptance or counter offer - don't suffer from attachment issues

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This recent decision in Gibbs v Lakeside Developments Ltd [2016] EWHC 2203 (Ch), 12 July 2016 reiterates the age-old principle that an offer must be accepted in its entirety for acceptance to be legally binding. The judgement also brings to light...

Different methods of dispute resolution in construction disputes

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The construction industry is regarded as one of the most conflict and dispute ridden industries, which has resulted in it being one of the most claim orientated sectors. Traditionally, parties would enter into litigation, often a costly and long winded means...

Penalty clauses in construction contracts

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Earlier this month the Supreme Court gave judgment in two combined cases concerning the law relating to contractual penalty clauses. In Cavendish Square Holdings BV v Talal El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC 67, the...

The new Consumer Rights Act 2015

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A brief run through some of the key points arising from the Consumer Rights Act 2015 (CRA), an important new piece of consumer protection legislation. Application The CRA is the biggest shake-up of consumer law in...

Counterclaim struck out but allowed to stand as a Defence

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In the recent case of Cockell v Holton (No 2) [2015] EWHC 1117 (TCC) , which was a claim arising out of works to a listed building following a fire, the Judge refused to grant the Defendant permission to pursue a significant Counterclaim, but allowed...

Joint Ventures & Implied Fiduciary Duties

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The Court of Appeal has confirmed for the first time that a joint venture arrangement can give rise to an implied fiduciary duty owed by the director of one joint venture partner to another partner. In Ross River Limited and anor v Waveley Commercial...

Important Changes to English Litigation Costs - Part 2 (Costs Management)

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Much has been written about the current massive shake-up to the litigation costs regime, including the abolition of the recovery of lawyer’s CFA (no-win, no-fee) success fees from the losing party. However another facet of the new costs rules will be...