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Civil litigation in recent years has been dominated by cases and commentary concerned with costs, court fees, procedure and proportionality.
Key points on a clarification of the remedies available for misrepresentation.
A recent decision from the Court of Appeal provides some much needed clarity in what is currently an area rife with disputes. Housing litigation expert Karl Anders explains.
Obtaining relief from forfeiture in the face of seemingly flagrant breaches has hit the headlines more than once in recent weeks.
Including defences to a ‘smash and grab’ adjudication?, applications being too early, and ‘You never told me that this was an application.’...
The High Court has clarified the circumstances in which a losing bidder can challenge a procurement for scoring errors in Woods Building Services v Milton Keynes Council .
Businesses worldwide are becoming increasingly familiar with the ‘patent troll’.
Genuine use of a Community trademark download
Three recent decisions have considered the question of proving genuine use of a Community trademark, but arguably we are none the wiser following these decisions.
The principle that a US patent holder cannot charge royalties for the use of their invention after the relevant patent term has expired has recently been the subject of a challenge in the US Supreme Court.
US rapper Jay-Z had successfully defended a claim brought by a sound engineer who was claiming to be the joint owner of the copyright in three albums produced by Jay-Z’s record label.
A recent application has been heard in relation to the admission of survey evidence in a trademark and passing off claim.
A significant percentage of the copyright cases to have come before the CJEU in the last few years have concerned dissemination on the internet.
Further court fee increases download
Despite vehement and high profile objection to the significant court fee increases, the government has now opened another consultation on further increased civil court fees.
Also: the battle of the basements; and more.
Conscionable correction for lenders download
Is a mortgage wrongly discharged by lender capable of being rectified by court order?
Also: the fight before the fight; time pressure; and more.
Bad bargain for beneficiaries download
A legal principle dating back to 1895 can bite when deals based on trust, often made between friends, go bad.
Case may prove key for victims seeking to recoup fraud losses from their legal advisers.
Part 36 offers are a tactical way of putting pressure on a party to a settle a dispute, by virtue of the cost sanctions that can flow from failure to accept a reasonable offer.
Walker Morris’s dispute resolution team has been shortlisted at the Yorkshire Legal Awards, in recognition of best practice in a complex and long-running case.