This checklist highlights the factors your business should consider if you are thinking of settling a commercial dispute.
Why settle?
A settlement gives your business certainty and closure, and avoids the anxiety of having to wait for a judgment from court and the uncertainty about that outcome.
Reaching [...]
The Court of Appeal has given Judgment in a case involving a Trade Association’s website. The site listed installers but without distinguishing full members from affiliate members. Full members were vetted by the Association and were covered by a bond and warranty scheme but affiliate members were not. The case highlights the need to give [...]
Crane owners can not avoid responsibility for their negligence
The owners of a crane have been told they cannot pass on responsibility for their negligence to another company following an incident in which an operator was seriously injured.
The case centred on a dispute between the owners of the crane and a company which had hired it [...]
Acceptance of offers out of time
During the course of proceedings, it is usual for parties to enter into settlement negotiations, and a good tactician can use this to their advantage to put undue pressure on the other party. Once an offer has expired, provided it has not been accepted by the other party, you would [...]
In a majority ruling the Appeal Court has upheld a High Court ruling that Housing Associations were public bodies and, therefore, were susceptible to claims under the Human Rights Act and that their decisions are open to Judicial Review.
The decision has ramifications for the country’s substantial number of registered social Landlords as it [...]