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Commercial Disputes

Anti-oral variation clauses are in fact worth the paper they’re written on….

In 2016 the Court of Appeal ruled that written contracts could be varied orally notwithstanding a clause that expressly prevents or restricts it (an ‘anti-oral variation clause’). However, earlier this year the issue came before the Supreme Court and the decision was overturned.

Unhappy with your litigation solicitor? Factors to consider when choosing your new dispute resolution lawyer and transferring your case.

At Loney Stewart Holland our specialism in bringing and defending solicitor professional negligence cases has given us substantial first-hand experience of the practical issues arising from a breakdown in the solicitor client relationship. 

Do I Have to Mediate?

If you are involved in litigation, you may well have been advised to consider attempting to resolve the dispute by mediation. The Court rules require parties to consider alternative dispute resolution, such as mediation, and indeed solicitors have a duty to advise their clients about it.

Misuse of Confidential Information: Actual Use of Information Crucial to a Claim for Damages

The High Court recently considered a claim by an investment management company against two former employees for copying and retaining the company’s confidential information. The Claimant sought £15m in damages, representing what it considered to be the value of the confidential information, but was awarded a mere £2, as it had not based its case on actual use of the information.

Court Confirms Part 36 Offers Reject Earlier Without Prejudice Offers

In the recent case of DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors [2016] EWHC 1614 (Ch) the High Court confirmed that making an offer under Part 36 of the Civil Procedure Rules has the effect of rejecting an earlier common law offer, meaning it is no longer capable of acceptance.

Third Parties (Rights Against Insurers) Act 2010 in force – Claimants finally given powerful new rights when seeking recovery from insolvent policyholders’ liability insurers

 

The long delayed Third Parties (Rights Against Insurers) Act 2010 came into force from the beginning of August 2016 with the intention of making it quicker, easier and more certain for Claimants seeking recovery from the liability insurers of insolvent policyholders who have caused them loss.

The Enforceability of Contractual Clauses Restricting Variation

In two recent cases, the Court of Appeal has considered the law regarding the enforceability of contractual clauses that purport to restrict the way in which the contract can be varied. These types of clauses are common, and often require any variation to be made in writing. There had previously been mixed decisions from the Court on the issue and we now have a useful analysis and clarity on previously inconsistent judicial approaches.