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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Is putting ‘subject to contract’ in an email footer enough to stop a contract being formed?

Is putting ‘subject to contract’ in an email footer enough to stop a contract being formed? A disclaimer will be less effective if it is hidden in an email footer rather than obviously displayed. There is an assumption that two …

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Was Santa negligent?

Elf and safety took on an entirely new meaning in the recent decision of the Court of Appeal in Dufosse v. Melbry Events Ltd. The facts were quite straightforward. Mrs Dufosse paid a visit to Santa’s grotto at a well …

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The world’s largest court centre opens

The world’s largest court centre for business, financial, property and technology disputes opened in London last month. Located off Fetter Lane in the City ofLondon, the Rolls Building will have expertise in areas such as banking and financial services, company …

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Offers and Settlement Part 2 – Settlement is not always final!

Many civil disputes settle before they reach trial.  When the parties reach settlement, the terms of the settlement are often set out in a “Tomlin order”, which is a document drafted, approved and signed by the parties to the dispute.  …

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Offers and Settlement Part 1 – Part 36 Offers

The Civil Procedure Rules (CPRs), which govern the resolution of disputes in the civil courts of England and Wales, encourage the parties to a dispute to attempt to settle it at an early stage, preferably without recourse to court proceedings.  …

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Enforcement of a Court Order – Charging Orders and Orders for Sale

When a Court orders that one party to a claim pay the other side a sum of money the Court will usually order that the money be paid  forthwith or within 14 days.  If you are the successful party to that litigation (a Judgment Creditor) then …

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A case of mistaken identity

The Court of Appeal has recently decided that an agent who innocently misrepresents the name of his principal, when entering into a contract with a third party, should not be personally liable to that third party.  The facts of the …

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Apply to Set Aside or for Permission to Appeal

Apply to Set Aside or for Permission to Appeal? The Court of Appeal Provides Guidance on Judgments Made Against an Absent Party The recent case of Bank of Scotland v Pereira and others [2011] EWCA Civ 241 has led to …

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Assistance for Apartment Owners in Pursuing Damages for Building Defects

As the trend for living in town and city centres gathered pace during the course of the last two decades, there has been an explosion in the development of small, medium and large blocks of apartments as new build projects.  …

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