Barker Gillette LLP - Solicitors

News

We aim to keep you abreast of our news and developments. Alongside that we publish, from time to time our thoughts and viewpoints on various issues.

Recoverability of Costs

16.02.2012

The Court of Appeal has given an important ruling on the recoverability of costs in the case of Motto and others v Trafigura Ltd and another (Rev 3) [2011] EWCA Civ 1150.

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Property Litigation > Property Litigation > Property Litigation > Property Litigation > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime


Adverse cost risk for trustees in bankruptcy who assign claims

16.02.2012

The Court of Appeal in Hunt v Harb and another [2011] EWCA Civ 1239 has recently held that where a TIB assigned a cause of action to a third party in return for a share of the proceeds of any futur...

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Property Litigation > Property Litigation > Property Litigation > Property Litigation


How to obtain judgment following an admission

16.02.2012

The High Court has clarified that the proper course is for the claimant to make an application under Civil Procedure Rules Part 23, rather than simply lodging a request for judgment as would be sta...

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Property Litigation > Property Litigation > Property Litigation > Property Litigation > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime


Guidance on CPR Part 36

16.02.2012

With the recent changes to the Part 36 offer regime the courts have recently clarified a number of issues surrounding the mechanics of an offer

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Tribunal not obliged to alert party to potential argument – make sure your legal team are the best!

16.02.2012

The Commercial Court has confirmed that section 33 of the Arbitration Act 1996 does not necessarily oblige a tribunal to alert parties to potential arguments that may support their case.

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Damages for trespass can be awarded even if no loss is suffered – beware!

16.02.2012

In Stadium Capital Holdings (No. 2) Ltd v St Marylebone Property Company plc and another the court has confirmed that in trespass cases, even where there may be no loss, that damages can be payable.

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Insured parties have a right to choose their own solicitor and barrister – don’t be pushed into choosing a panel solicitor!

16.02.2012

Often insurance companies providing personal injury or property damage cover have required that their insured use specific panel solicitors.

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence


Experts - 2011 developments

16.02.2012

It is important to assess the expert’s suitability and qualifications thoroughly before formally making an appointment and it may be appropriate to appoint the expert as an expert adviser

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Property Litigation > Property Litigation > Property Litigation > Property Litigation > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime > Serious Fraud and Business Crime


High Court treats company and shareholder as same claimant when exercising jurisdiction to stay second claim

16.02.2012

High Court has clarified that, if a derivative action is brought by a 100% shareholder, then a claim is brought by the company itself the claimant in the two actions will be treated as substantiall...

Department: Corporate and Commercial > Corporate and Commercial > Corporate and Commercial > Corporate and Commercial > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Beware entering in settlement without advice

16.02.2012

Court upholds parties' disputed settlement reached by telephone

Department: Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence > Personal Injury and Clinical Negligence


The New RICS Service Charge Code

17.01.2012

On 1 October 2011 the second edition of the Royal Institute of Chartered Surveyors Code of Practice for Service Charges in Commercial Property (“the Code”) came into effect.

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Localism Act 2011 and the implications on Tenancy Deposit Schemes

03.01.2012

The Localism Act 2011 received Royal Assent on 15 November 2011. The majority of the provisions will come into force by April 2012.

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Squatting Laws Changing

07.12.2011

Squatting has become very topical during 2011 with stories hitting the press of Guy Ritchie's property succumbing to squatters and also the case of Vincent Cooke in Manchester who killed a burglar ...

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


AST Threshold rise and its implications – Check you comply with procedure now!

11.11.2010

From 1 October 2010 the threshold limit for Assured Shorthold Tenancies (“ASTs”) in England increased from £25,000 to £100,000.

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Success in the High Court

18.05.2010

An important action to determine whether an Estate Management Deed was Qualifying Long Term Agreement under the Landlord and Tenant Act 1985. The case is notable for its discussion of the policy be...

Department: Commercial and Residential Property > Commercial and Residential Property > Commercial and Residential Property > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution


Shareholder's agreements - merely pre-nuptial agreements or something more?

05.12.2008

No-one gets married expecting to get divorced. Equally, one believes that our other half will not go on a massive spending spree on the joint account but is there anything to stop them?

Department: Corporate and Commercial > Corporate and Commercial > Corporate and Commercial > Corporate and Commercial > Dispute Resolution > Dispute Resolution > Dispute Resolution > Dispute Resolution




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