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Dispute Resolution Law Blog

1 February 2016

Legal update: a warning about the consequences of inaction in litigation

Barbara Pipe v Spicerhaart Estate Agents Ltd [2016] EWHC 61 (QB)

This case concerns the Court’s refusal to grant an extension of time owing to a party’s conduct in an appeal. The Appellant, a former client of the Respondent estate agent, obtained permission to appeal following a county court judgment against her for unpaid fees.

9 December 2015

Marks and Spencer plc (“M&S”) v BNP Paribas revisited: the final say on apportionment of rent

On 2 December 2015 the Supreme Court comprised of Lord Neuberger, Lord Clarke, Lord Sumption, Lord Carnwarth and Lord Hodge unanimously dismissed M&S’s appeal.

7 December 2015

A director must exercise his/her powers only for a proper purpose

Many obligations are imposed on directors in exercising their duties.  A recent decision of the Supreme Court provides that when exercising your powers as a director you must always consider the actual purpose for which you propose to exercise those powers and ensure that purpose is proper.  It is not sufficient simply for directors to act honestly to promote the success of the company for the benefit of its members as a whole. 

Fiona Simpson

16 November 2015

Freezing orders: when loans become assets

On 21 October 2015, the Supreme Court handed down its decision in JSC BTA Bank v Mukhtar Ablyazov and Others [2015] UKSC 64. The judgment adds to the ever expanding  volume of case law generated by this long running litigation, in this instance giving clarity to when loans become assets within the meaning of a freezing order.

Katherine Pymont

13 November 2015

Legal update: a cautionary tale to claimants when deciding who to issue a claim against

Camille Saskia Richardson v Facebook; Camille Saskia Richardson v Google (UK) LTD (2015) EWHC 3154 (QB).
The claimant had sought damages for defamation and breach of her right to privacy in respect of two publications on a Facebook profile and Google blog page respectively.

 

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