Articles for the topic Dispute Resolution

Help for Landlords Recovering Cost of Major Works

The Supreme Court’s decision in Daejan v Benson may help landlords recover the costs of major works through the service charge, even if they fail to carry out the statutory consultation procedure.


Press Regulation and Exemplary Damages

On 17 March, the three main political parties struck an eleventh hour deal on a new regulatory regime for the press. The agreement, made in the wake of the Leveson Report, will establish a regulator with new powers. We outline exactly what has been agreed and how this will affect news publishers. Then we consider one of the more controversial aspects of the deal concerning exemplary damages, and the likelihood of success of a press challenge based on Human Rights legislation.

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

New rules on costs management are intended to benefit litigants by ensuring that the legal costs of fighting a case are proportionate to the issues in dispute. On the face of it this sounds like it must be a positive step, however the reality is that the changes may not be as beneficial as would initially appear to be the case.


Reorganising the Regulation of Financial Services in the UK: The Financial Services Act 2012

1st April sees the introduction of a new structure for the regulation of financial services in the UK. Is its rolling out on April Fools’ Day just a bit of quirky Britishness or a true indication that we would be fooling ourselves in thinking that a mere re-organisation could prevent a repeat of the banking and financial crisis?

Validity of Post-Acquisition Restrictive Covenants

In a recent case, the Court considered the issue of whether covenants in a share purchase agreement amounted to penalties and whether restrictions were an unreasonable restraint of trade.


Design Copyright Reform: The Hargreaves Process Bears Further Fruit?

In all the excitement about the (not very significant) changes to digital copyright law brought about by the Hargreaves process, commercially significant changes to UK Design Law have been overlooked

Important Changes to English Litigation Costs – Part 1

In Shakespeare’s time, lawyers adopted a “no fee, no breath” approach. In spite of the still widely held view that lawyers will do anything for money and nothing without it, “no win, no fee” arrangements have become commonplace in recent years in English litigation. However, a series of controversial changes are shortly to be introduced which, depending on one’s viewpoint, may reduce access to justice for some, whilst increasing it for others and place some losing parties in a fairer position, but some in a worse one. Jonathan Haydn-Williams explains the current position and the imminent changes.


When is a House not a House? Leasehold Enfranchisement Update

The Supreme Court gives guidance on the answer to this deceptive question …

Statutory “Underpinning” of Professional Conduct

If the legal profession has it, why not the Press?


Litigation Landscape in 2013

2013 will see the introduction of a number of the reforms contemplated by the Jackson Report. These reforms will fundamentally alter how litigation is funded in England and Wales

When Might a Cap on Liability be Unenforceable?

A recent decision in the Technology & Construction Court has highlighted where liability caps will be viewed as unenforceable in cases where there is an ongoing obligation under the contract to maintain professional indemnity insurance.


Hillsborough and The Cover Up: Can Our Legal System Regain Public Confidence?

In the last few weeks we have had to confront the inadequacies not only of the police and emergency services’ response to the Hillsborough disaster in 1989, but also that of the legal system which has taken over two decades to investigate the tragedy to anything approaching an acceptable standard.

Criminal Sanctions for Squatting

After much debate, the offence of squatting has entered the statute books.


Infringement of Copyright in Non-Fiction Works: From Luxembourg to Darlington

Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of “Flipper”, a disabled supporter of Darlington Football Club.

Ofcom and the Pub Landlord: Have Sky and (FAPL) Won?

The summer’s exciting sporting action has not entirely obscured important developments off the field in the Pay TV market. Ofcom has been trying for a long time to loosen Sky’s grip on Premier League rights and BT Vision has bought a package of rights at considerable expense. However Ofcom has lost a significant battle before the Competition Appeal Tribunal . And it looks as if the pub landlady’s much trumpeted “victory” will be snatched from her as the Premier League curtails the number of foreign broadcasts. Stephen Hornsby asks whether it is now time for the regulatory authorities to move on.