Businesses urged to comply with Alternative Dispute Resolution law
February 27th 2024The Government has urged businesses to ensure they comply with Alternative Dispute Resolution (ADR) regulations. Mark Aspin Director and Head of Dispute Resolution provides an update. ADR is a process for resolving disputes between consumers and traders that doesn’t involve going to court. This is done by means of putting the consumer and the trader in contact with a neutral third party, with the aim of assisting a speedy, mutual agreement. The Alternative…
Difference between a deed and a contract proves crucial in dispute
February 21st 2024When drawing up business agreements the method used can prove crucial, as seen in a recent case before the High Court. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. Lendlease Construction (Europe) Ltd wanted to bring a claim against consultancy firm Aecom Ltd in relation to the construction of the oncology centre at St James’s Hospital in Leeds. The issue was whether the agreement between the two companies…
Tenants to get more protection against discrimination by landlords
January 18th 2024The Government has announced changes to the Renters (Reform) Bill to protect vulnerable residents and improve the safety of homes for tenants. Joseph Halvorsen, Apprentice Trainee Solicitor, reports on this recent case. It has tabled amendments to make it illegal for landlords and agents to have blanket bans on renting to people who receive benefits or who have children – ensuring families aren’t discriminated against when looking for a home…
Company loses first attempt to recover £200k ‘paid by mistake’
November 30th 2023A company has failed in its first attempt to recover £200,000 that it claims was paid to a contractor by mistake. Selina Gonzalez Solicitor in our dispute resolution team reports on this recent case. The case involved Bonvilston Vale Ltd v Amser Building Ltd. Bonvilston had hired Amser for a development project. On several occasions, Bonvilston indicated that it would not pay some of the invoices, but later made the requested payment. In…
Proposed ban on no-fault eviction of tenants postponed indefinitely
November 22nd 2023The government has announced that it is postponing its proposed ban on no-fault ‘Section 21’ evictions. Laura Murphy, Paralegal in our Dispute Resolution team provides an update. Ministers say the indefinite delay is needed until the court system has been reformed and updated. The ban would have been one of the central proposals in the Renters Reform Bill, which was part of the Conservative 2019 election manifesto. However, Housing Secretary…
Contract limits supplier’s liability in multi-million-pound dispute
November 1st 2023A clause imposed a single liability cap for all claims arising out of a multi-million-pound contract; it did not include multiple caps with a separate limit applying to each claim. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. That was the decision of the Technology & Construction Court in a dispute involving Drax Energy Solutions Ltd v Wipro Ltd. Wipro provided…
Company fails to stop former employees setting up rival business
September 14th 2023A waste management company has failed to get a court injunction preventing former employees from allegedly copying its business model and setting up as a rival. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Waste Managed Ltd. It made allegations of unlawful means conspiracy, misuse of confidential information, breach of contract and breach of fiduciary duty against former employees who had set up a rival…
Director wins dispute over £2.3m loan to his company
August 17th 2023A director has won a dispute with his company that he was entitled to immediate payment of a £2.3m loan. Selina Gonzalez Solicitor in our dispute resolution team reports on this recent case. The case involved Malik and Henley Homes Plc. Henley accepted that the money was owing to Malik on a company loan account but claimed that it was not repayable on demand, but by oral agreement between Malik and two other…
Surge in number of landlords issuing section 21 notices
July 14th 2023There has been a surge in the number of renters seeking assistance with no-fault evictions, suggesting that landlords are rushing to move people out before new legislation comes into effect. Laura Murphy, Paralegal in our Dispute Resolution team provides an update. According to Citizens Advice, nearly 2,000 individuals sought help with section 21 evictions in May, the highest number recorded in a single month and a 25% increase since May…
Court clarifies law on service charges as tenants lose appeal
May 26th 2023The Supreme Court has dismissed an appeal by tenants against rises in service charges and clarified how the law should be applied under the Landlord and Tenant Act 1985 (the Act). Natalie Tatton Solicitor in our dispute team reports on this recent case. The tenants occupied residential units within a block of flats. Under the terms of each lease, the tenants were required to pay a service charge (comprising a share of insurance,…
