Article Category: Dispute Resolution – Insight & Opinion

Nightingale and Super Courts Revealed to Tackle COVID-19 Backlog

nightingale courts and super courts used during the pandemic

We’ve seen increasing references to the terms ‘nightingale courts’ and ‘super courts’ recently by business and legal press publications, but what are they and what do they actually mean for those who the courts exist for – the clients and litigants? Response to COVID-19 Impact The current pandemic, and the associated lockdown, has caused a… Read more »

Protecting Your Business from Review Websites

Business owner looking at negative reviews on review websites

It’s 2021 and, now more than ever, people use online review websites to research companies for all kinds of reasons. Whether it’s before they purchase a product or go for a job interview. Whilst online reviews are a useful way of finding out other people’s honest opinions and experiences with a product, service or company,… Read more »

Debt Recovery: Using High Court Enforcement Officers

If you experience that one of your debtors is refusing to pay a sum of money owed to you and you have a County Court Judgment (CCJ) or Costs Order in your favour, this means that the Court has formally decided that the debtor owes you that sum of money which you are entitled to… Read more »

Commercial Landlords: Pursuing Rent Arrears During a Pandemic

calendar with rent due sticker - how can commercial landlords pursue rent arrears?

2021 is well underway and landlords are still facing challenges with their commercial tenants due to the impact of the pandemic – the most common problem being tenants not paying their rent. Currently, there is a moratorium on forfeiture of commercial leases for non-payment of rent. This also applies to all payments to be made… Read more »

Dispute Resolution: Arbitration and Court Proceedings – Which is Better?

arbitration and court proceedings - which one is better?

When faced with a binding arbitration dispute resolution clause within a contract or partnership deed, parties are obliged to refer disputes to arbitration under the Arbitration Act 1996 (‘The Act’). However, even where this is not the case, parties to disputes can agree to refer disputes to arbitration as an alternative to going to court…. Read more »

Disclosure Pilot Scheme – What are the Key Duties?

man with a pen signing his expression of wish form

The Disclosure Pilot Scheme (“the Scheme”) has been in operation in the Business and Property Courts since January 2019 and is set out in Practice Direction 51U of the Civil Procedure Rules. The Scheme was originally intended to run for two years, however it has now been extended for a further year and will continue… Read more »

What is Passing Off?

The law of passing off exists in order to prevent a business from misrepresenting its goods or services as being, or having an association with, the goods or services of another business. Whilst action for trade mark infringement can be taken where a trade mark has been registered, the law of passing off aims to… Read more »

Delays at the Probate Service

delays to the probate service

According to a Conservative MP and probate solicitor, John Stevenson, the Probate Service is now more backlogged than it was two years ago. Despite more funding and an injection of more financial and human resources, Mr Stevenson claims that the system has deteriorated. What Is Causing Delays at the Probate Service? The alleged problems have… Read more »

Avoiding Bad Debts & Maximising Credit Control

man with credit card avoiding bad debts

The current climate will inevitably result in a large number of unpaid invoices. In order to avoid this and maximise credit control, it is important to strengthen your position from the outset. Jodie Sumner, Debt Recovery Executive, provides her expert guidance on avoiding bad debts. Considerations for Unpaid Invoices When unpaid invoices are referred for… Read more »