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It’s my security and I’ll enforce if I want to
A creditor can bring a claim against a guarantor of a debt in preference to enforcing its security against the principal debtor even if the creditor has adequate security.
The end of expert immunity
The Supreme Court has now finally brought to an end the age-old rule that expert witnesses were immune from proceedings in negligence in relation to the evidence they gave in court or the views they expressed in anticipation of court proceedings.
What’s the price of poor financial advice?
There has been much publicity in recent times concerning claims against banks for misselling products, but the recent case of Zaki and others –v- Credit Suisse (UK) Ltd [2011] is a good example of the difficulties facing claimants when making such claims, in particular the need to establish not only breach of duty on the part of the financial advisor, but also that loss was caused as a result of the breach of duty.
An Advisory Relationship?
The question of whether there is a duty of care owed to an investor in the complex field of financial advice is a complicated area, fraught with difficulties. In the professional negligence compensation claim case of Rubenstein v HSBC Bank Plc [2011] EWHC 2304 (QB) the court was asked to consider whether there was an advisory relationship between the claimant and the defendant, giving rise to a duty of care being owed to the claimant.
Not reading this article could be the most expensive mistake you make this year…
If you are the tenant of a building and have been late paying rent at any time during the lease - even if by just one day – you may find you can not validly exercise your break clause and will be liable for the full rent until the end of the lease.
Access to Justice going, going...
Uncertainty over the future of Conditional Fee Agreements (CFAs) and After the Event (ATE) insurance to fund litigation continues with the present government’s consultation on the civil litigation costs review undertaken by Lord Justice Jackson.
Are you being too restrictive? Going beyond what is necessary to protect legitimate business interests
Two recent cases have considered post termination restrictions in employment contracts. Whilst they do not create any new law they serve as useful reminders of the principles which the court will consider when deciding whether to uphold restrictions in employment contracts. Restrictive covenant clauses are a restraint of trade and the court is therefore keen to narrow the extent to which they are enforceable whilst balancing the legitimate interests of businesses.
How many bites at the cherry will the court allow? Discontinuance and dismissal
Discontinuance is governed by Part 38 of the Civil Procedure Rules. All that is required in most cases is for the claimant to file and serve a notice of discontinuance (although in certain circumstances the court’s permission is required). The general rule is that a claimant discontinuing its claim is liable to pay the other side’s costs although the court has discretion to make an order in different terms.
Protection from Harassment Act 1997
One of the key mischiefs which the Protection from Harassment Act 1997 was designed to address was stalking. However, in recent years the ambit of the Act has been drawn in ever wider terms by the court. Whilst at first glance it might appear that the Act only applies to conduct between private individuals, the court has made clear in recent cases that the Act also has implications in a commercial context. As it imposes both civil and criminal liability it is important that businesses are aware of the offences created by the Act and that steps are taken to avoid liability.
Not a penny more, not a penny less…
It seems hardly a week goes by without the court providing clarification on the meaning of settlement offers under Part 36 of the Civil Procedure Rules but the latest update is a change to the rule itself rather than a new interpretation by the court. The amendment applies in relation to offers to settle made on or after 1 October 2011 and has the effect of overturning the Court of Appeal decision in Carver v BAA [2008] which has since caused some confusion.

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