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Dispute Resolution

SAW (SW) 2010 Limited –v- Wilson & Another

06/02/2018

*Author: Nigel Cook*

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Endersby and Coote v Astrosoccer 4 U Ltd

06/02/2018

*Author: Nigel Cook*

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Two Pints - A Contract or Wishful Thinking?

06/10/2017

*Author:  Chris Millar*

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Some Questions to Share

03/02/2017

*Author: Chris Millar*

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Protection of IT Supplies

17/03/2016

*Author: Chris Millar*

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The Alternatives to Taking a Dispute to Trial

10/11/2015

*Author: Angus Storar*

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Court Fees - The New Landscape

16/10/2015

*Author: Martin Steer*

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Increase in Bankruptcy Level

06/10/2015

*Author: Laura Marchington*

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Civil Court Fees Increase

24/02/2015

*Author: Floris Shoebridge*

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Landlord & Tenant - No Cash Back for M&S

17/06/2014

Author:: Tamsin Reader

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Commercial Rent Arrears Recovery (CRAR)

29/05/2014

Author: Laura Marchington

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Prest v Petrodel Resources Limited

21/02/2014

Author: Chris Millar

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Arif v Anwar

21/02/2014

Author: Chris Millar

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HMRC v O’Rorke

21/02/2014

Author: Chris Millar

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Yang v The Official Receiver

21/02/2014

Author: Chris Millar

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Madoff Securities International Limited (in Liquidation) v Steven Raven & Ors

21/02/2014

Author: Chris Millar

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KY Homes Bradford Limited v Patel

21/02/2014

Author: Chris Millar

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Insolvency Rules 1986 – All change

21/02/2014

Author: Chris Millar

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Cross Border Assistance

12/07/2013

Those that attended the IP seminar earlier this year will have hopefully reflected upon the wider aspects of the “means” available to seek and obtain recognition and reciprocity of insolvency proceedings e.g. UNCITRAL, EC Regulation, common law and/or Section 426.

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Rubin and New Cap

08/04/2013

In the final analysis, it is considered that these cases should not be a fundamental problem for IP’s as the issues highlighted can be avoided. Indeed, the recent case of “Bilta (UK) Limited v Nazir” [2012] shows this issue in stark contrast where the High Court was willing to apply the scope of section 213 in an extra-territorial context. 

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Recovery of Trustee's Costs

08/04/2013

Recovery by a Trustee of his costs can often be problematic. This may be particularly so where the bankrupt has managed to obtain an annulment. Whilst the recent case of “Appleyard v Wewelwala” [2012] has clarified the right of a Trustee to recover his costs, at least up until such time as he became aware of the application for an annulment, there still remains the potential hurdle of Rule 6.142, and the right of the bankrupt (with permission) to challenge a Trustee’s costs as being excessive. The Court has shown a tendency to favour proportionality rather than justification, and has applied the guidelines within the Practice Statement (Fixing and Approval of Remuneration of Appointees) [2004]; see “Brook v Reed” [2011]. Trustees should therefore be mindful of “proportionality” in terms of their likely costs in the administration of any estate, particularly if there is likely to be an annulment or otherwise a surplus in recovery.

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Intellectual Property Update

30/10/2012

Software Licences - who game is it?

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Arbitration and Mediation

12/09/2012

Whilst Court proceedings are often contemplated and commenced in order to resolve civil disputes between private individuals or companies, in today’s current economic environment when the question of the cost of commencing such proceedings is ever more at the forefront of people’s minds, it is becoming more and more common for disputes to be resolved without a Court having to pronounce a formal judgment.

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Foreign Judgments : Attachment of Assets in England

13/09/2011

*What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)?  Freezing property in place?  Placing it in the custody of a third party, such as a court official, sheriff or marshall?*

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