Dispute Resolution

16 09, 2015

Teacher Stern Ranked in 2015 Edition of Legal 500

By |2019-09-23T11:33:34+01:00September 16th, 2015|About Us, Banking & Finance, Commercial, Commodities, Corporate, Dispute Resolution, Employment, Finance, Gaming, Healthcare, Hotels, Leisure & Retail, Human Resources & Recruitment, Immigration, Private Client, Real Estate, Real Estate, Restaurants & Cafes, Sectors, Services, Shopping Centres, Sport, Sport, Student Accommodation & Care Homes, Tax, Technology, Media & Telecoms, Transport|

Teacher Stern has been ranked in the 2015 edition of The Legal 500; the leading guide to law firms in the UK. Teacher Stern received rankings in Commercial Litigation, Property Finance & Sport.

10 12, 2014

Insolvency Proceedings -v- Arbitration

By |2019-09-23T11:33:34+01:00December 10th, 2014|Dispute Resolution|

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?

By |2015-01-12T11:14:07+00:00October 23rd, 2014|Dispute Resolution|

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

By |2019-09-23T11:33:41+01:00October 16th, 2014|Dispute Resolution|

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 [...]

6 08, 2014

Rod Cowper notes another reason to be careful about accepting a “termination for convenience” clause

By |2019-09-23T11:33:41+01:00August 6th, 2014|Dispute Resolution|

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 [...]

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