Civil Mediation: “Get On With It”

In the case of Thakkar and Another v Patel and Another [2017] EWCA Civ 117, the Court of Appeal has given further credence to the risks parties face by not...


Top Tips to Appointing Agents & Distributors

With Brexit on the way we are being told to reconnect with our proud trading heritage and ‘export, export, export’, but where do you start? Two of the key ways...


Expanding Your Business Into New Territories

With the first freight train arriving from Yiwu, eastern China in London on the 18 January 2017 the opportunity to expand your business into China (or in fact any country)...


Is Your Agent Entitled To Compensation On Termination?

An agent has a right to “compensation” or “indemnity” on termination of the agency agreement in certain circumstances. The following circumstances are expressly set out in the Commercial Agents Regulations...


Should you Accept a Decision of the Financial Ombudsman Service?

The Financial Ombudsman Service is designed to offer an independent assessment of a consumer’s complaint against a financial institution or adviser. This service is offered to consumers and small businesses...


E-Receipts & Personal Data

It is becoming increasingly common for retailers to ask customers if they would like an email copy of their receipt. The advantage for the customer is that they are less...


Mental Capacity to Enter into a Contract

In the case of Fehily v Atkinson [2016] EWHC 3069 (Ch) the High Court was asked to determine whether a person who had purportedly entered into an Individual Voluntary Arrangement...


How the Courts Decide a Litigation Case

In the case of Adepoju v Akinola [2016] EWHC 3160 (Ch), Master Matthews has set out invaluable guidance on the way that the court approaches evidence and reaching a judgment...


Damages for False Imprisonment under the Deprivation of Liberty Safeguards

What are the Deprivation of Liberty Safeguards? The Deprivation of Liberty Safeguards (DoLS) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007. They were introduced to...


Data Protection – An Overview

Under current legislation, the Data Protection Act 1998 covers the processing, obtaining, recording and holding of data, or carrying out any operation or set of operations on the data. The...


Implied Term Cannot Save an Incomplete Contract

When agreeing a contract, parties will agree a set of terms that they are both happy with. Sometimes the written contract actually agreed does not cover every aspect of the...


‘Normal Measure of Damages’ and Increase in Properties’ Market Value

For people buying a new build home from a property developer or house builder, the situation can arise where they discover the house is riddled with defects that the seller is...