Westcountry businesses and landowners affected by interest rate swap sales

Large numbers of businesses, farmers and landowners in the Westcountry may have been affected by the sale of controversial interest rate swaps, according to one regional legal firm. Stephens Scown LLP, which has offices in Exeter, Truro and St Austell, …

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Tenancy Deposit Scheme Changes

Tenancy Deposit Schemes (TDS) were created by the Housing Act 2004 (HA 2004).  The intention behind their creation was firstly to prevent Landlords from retaining Tenants’ deposits at the end of an assured shorthold tenancy (AST) and secondly to ensure …

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Court of Appeal rejects “reinterpretation” of nuisance laws

In the case of Barr v. Biffa, The Court of Appeal last week rejected what was described as an “elaborate reinterpretation” of the traditional approach to the law of nuisance.  The case concerned unpleasant smells from a landfill site in …

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Mediation and Costs

Mediation is becoming an increasingly well established method of resolving civil disputes. In fact Lord Justice Jackson, in his final report on civil litigation costs, described mediation as “the most important form of ADR”. Hardly a week goes by without …

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Continuing Rise in International Disputes

For some years, the UK has been regarded as the world’s leading centre for commercial litigation. That has been based on the reputation of our courts, established over hundreds of years, for impartiality and fairness. The pre-eminence of the legal …

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Lawful but unethical behaviour could amount to economic duress

An unusual and interesting principle has emerged from a case decided by the High Court last month. The case was Progress Bulk Carriers Ltd v. Tube City. The facts were quite complicated. Briefly, the case concerned a dispute between the …

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Applications to Set Aside Judgment in Default

According to the latest statistics published by the Ministry of Justice 1,040,589 money claims were issued in England and Wales during 2010. It is believed that the 2011 figures (once published) will be even higher. With over a million claims …

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Facebook used to serve court proceedings

In a landmark legal ruling just announced, the High Court has given permission for Court Proceedings to be served on a Defendant via Facebook. This principle is not entirely new, but it is the first time that service of proceedings …

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An interesting month

January has turned out to be an interesting month for the legal profession. The highlights include:-    We may be seeing the beginning of the end of barristers’ wigs. Lord Phillips, the President of the Supreme Court, has issued a …

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No Avoiding a Contract

The burgeoning field of restitution provides the Courts with a means of compensating a party in circumstances where the more traditional spheres of law fail to provide justice.  However, the recent case of Costello v MacDonald and Other [2001] EWCA …

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