Highlight on a High Court Decision - CCA applies to Tomlin Orders In an important decision for almost anybody involved in commercial litigation, the High Court on 22 May 2020 handed down the first decision stating categorically that the Consumer Credit Act 1974 (CCA) does apply to agreements recorded in Tomlin Orders. The case in question is Gertner (1) and [...]
We are delighted to welcome Luke Turtle to Teacher Stern as he joins our successful litigation team. Luke brings a wealth of commercial litigation experience and will be a crucial part of the ongoing development of the dispute resolution offering from Teacher Stern. On joining the team, Luke commented, “I am looking forward to working with my clients and providing [...]
HM Courts & Tribunals Service Update 2 April 2020 Teacher Stern are continuing to provide litigation support throughout this difficult time. However, the courts inevitably are restricted both in terms of holding hearings and dealing with other orders of business. To assist you we have prepared a note on the current position. On 1 April 2020 HM Courts & Tribunals [...]
The Coronavirus outbreak which started in Wuhan, China is likely to worsen, not just in China but throughout the world although importantly from a private party contractual perspective it has not yet been declared a pandemic by the World Health Organisation. Contractual provisions in relation to a pandemic are often expressly referred to in force majeure clauses in contracts and [...]
In construction projects parties often require time to agree to terms of a finalised building contract. A standard building contract, especially the JCT version, can be lengthy and substantial, requiring attention and negotiation before the parties can agree terms. At the same time, employers must juggle their requirement to ensure terms provide sufficient protection against commencing works on site. It [...]
Pursuing a claim for loss of chance will mean a number of factors will be taken into account in order to assess that loss of chance. Many questions have to be asked without forensically investigating the underlying facts themselves. Take Theirry Henry’s handball incident which the referee failed to detect leading to France qualifying for the 2010 FIFA World Cup [...]
With planning issues becoming more important and contentious with increasing population sizes and limited spaces on which to build, planning appeals appear to be rising. The framework for the appeal process can take a number of forms but primarily a district council will empower a planning officer to make delegated decisions which can be appealed to a district council’s planning [...]
Businesses which are seeking to recover debts must comply with the Civil Procedure Rules when undertaking recovery actions. Namely, the Practice Direction for Pre-Action Conduct and the Pre-Action Protocol for Debt Claims apply; the latter in circumstances in which the debtor is a sole trader only. The objective for these protocols is to enable businesses to understand one another’s position [...]
No doubt you have heard enough about the new GDPR rules to abide by, as well as the updates you need to make to your internal policies and procedures to be compliant. We hope, by now, that you have completed that task and that those changes have been smoothly incorporated into your daily routine. Unfortunately, a new wrinkle has arisen [...]
How does a claim allegedly worth £17,000 be approved by the County Court at Leeds, only to then be overturned by the Court of Appeal, only to then be overturned again by the Supreme Court? How can a claimant suffering from a workplace injury satisfy a burden of proof that they would have had the chance to complete certain tasks [...]
