Obtaining Possession of Assured Shorthold Tenancies
As the Deregulation Bill 2015 makes its way through Parliament, Laura Bushaway and Zoe Athill examine the proposals which will affect Section 21 of the Housing Act 1988.....
23 03, 2015
10 12, 2014
Insolvency Proceedings -v- Arbitration
Anyone using arbitration clauses should note the Court of Appeal decision made on Monday 8 December, to the effect that a winding up petition is not automatically stayed because the petition debt arises from a contract containing a mandatory arbitration clause. This important development could assist creditors enforcing strong claims against debtors incorporated in many offshore financial centres as well [...]
23 10, 2014
When does “without prejudice” mean without prejudice?
If there is no dispute, simply marking correspondence “without prejudice” will not protect it from disclosure in later legal proceedings. The parties may however agree that that should be its effect. It is therefore important in the early stages of negotiation to decide whether that is intended and, if so, specifically to agree that the negotiations will proceed on that [...]
16 10, 2014
Negotiation with Prejudice
It is often thought that heading a letter "without prejudice" will protect it from being disclosed later in proceedings, but as a recent case reminds us that will not always be correct. Rod Cowper and Clare Toomer consider the recent decision in Avonwick v Webinvest. The without prejudice rule The without prejudice rule generally prevents statements made in a genuine [...]
9 09, 2014
Teacher Stern Wins Lead Role on Saudi Prince Dispute
Mishcon de Reya and Teacher Stern have replaced Irwin Mitchell and HowardKennedy FSI to win lead roles on a Saudi prince’s long-running battle to have his dispute with a shareholder heard in private. Full story available here.
6 08, 2014
Rod Cowper notes another reason to be careful about accepting a “termination for convenience” clause
Most contracts provide some mechanism for ending the contract if a party is in breach of the contract. Indeed, English law can imply such a right where there is a breach of a particularly important term or breach has particularly important consequences. But increasingly, parties agree "termination for convenience" that is, a right to bring the contract to an end [...]
