Andrew Koffman
This is the latest in a series of articles on the “fixed recoverable costs” regime introduced in the civil courts in October 2023. The most recent articles before this one can be found here:
Continue ReadingAndrew Koffman
In an article in December 2023 we reported on the Court of Appeal’s decision which, for the first time, gave the courts the power to compel parties to mediate.
Court of Appeal backs compulsory alternative dispute resolution (ADR) | Bermans
There have been further developments since then. In October 2024, changes to the court rules (CPR) were made to give the court the specific power to order the parties to take part in alternative dispute resolution (ADR) such as mediation.
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Elizabeth Wilkinson
We have noticed an increase recently in instructions from clients who own shares in private companies and who for a variety of reasons want to leave and sell their shares but find this difficult to achieve.
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Bermans has appointed a new head of its commercial team and a litigation partner as it continues to strengthen its ranks with key strategic hires.
Elizabeth Wilkinson
A business’s terms and conditions can be a life saver if care is taken when drafting them. Of the many points which ought to be considered, addressing the fixed recoverable costs (FRC) regime introduced in the courts recently should be high on the list.
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Ajith Prasad
While default interest clauses are standard in most lender agreements, they can constitute a penalty if they are extravagant, exorbitant or oppressive. If a default interest clause amounts to a penalty, then the lender will not be able to recover the default interest.
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Summer Levy
A recent High Court case in relation to Jimi Hendrix recordings was of interest to lawyers and classic rock fans alike but is also of wider relevance in relation to copyright and the settlement of claims.
The High Court refused Sony Music Entertainment UK Limited’s (Sony) application to strike out a claim brought by the Estates of the late Noel Redding and ‘Mitch’ Mitchell.
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Jonathan Berkson, (pictured) joined Bermans in June 2013 and is a Senior Partner in our Asset Based Lending and Litigation teams. We spoke to him to learn more about him and his work.
Andrew Koffman
Head of Litigation
A recent Court of Appeal judgment confirmed for the first time that the court can now compel litigating parties to take part in alternative dispute resolution (ADR), such as mediation, even if the parties have not agreed to do so between themselves.
Previously it had been understood, including by the trial judge in the latest case, that the law was as set out in a 2004 Court of Appeal case (Halsey v Milton Keynes General NHS Trust). While the courts were able to encourage litigants to take part in ADR (strongly if necessary, with the right to impose costs penalties for unreasonable refusal), to compel them to do so would interfere with their basic right of access to the court to resolve disputes under the European Convention on Human Rights (ECHR) – which incidentally also applies to businesses in this context.
Continue ReadingIn recent years the Government has applied a great deal of focus to the whole question of the funding of the civil litigation system and the ability of litigating parties to recover costs against opponents.
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