Where one settles a legal dispute with one or more wrongdoers how might one best preserve the right to pursue others who may also be legally responsible? There follows a Glossary of the definitions or concepts to which this Article refers. Glossary: A civil wrong which results in loss or damage: A Tort A … Continue reading Joint Tortfeasors: Elephant Traps beware
“If thou wilt lend this money… lend it rather to thine enemy, who, if he break, thou mayst with better face exact the penalty” Antonio, Merchant of Venice, Act 1 Scene 3 Antonio is the title character in Shakespeare’s Merchant of Venice. As an influential and wealthy nobleman, he proffers practical advice: if one is … Continue reading When might interest be payable on a loan?
Introduction What is done about the costs of a party who have been successful at the end of a legal case? The Court has a very wide discretion. However there is a general rule; this is that “costs follow the event”. In other words, the winning party may legitimately expect to receive to be awarded … Continue reading Part 35 Civil Procedure Rules and Indemnity Costs
An Injunction Order is the third most serious category of directive that an English Civil Court may make. The first is committal to prison for contempt; the second is the sequestration (that is, seizure) of a person’s assets to satisfy a Judgment debt; and the third is the Injunction Order. The purpose of such is … Continue reading Injunction Orders: To continue or not?
Some Observations “But the comfort is, you shall be called to no more payments, fear no more tavern-bills”. First Gaoler, Cymbeline, Scene 5, Act 4 Posthumus Leonatus is in jail. His gaoler is propounding the benefits of incarceration. Whilst the prisoner is hardly in an enviable spot, one silver lining is that the burden of … Continue reading Commercial Landlords: Covid 19 and enforcement for breach of covenant
“Though speak’st like him’s untutored to repeat: Who makes the fairest show means most deceit”. [William Shakespeare] Deceit and Loss When deceit is practised and damage results how is that loss to be calculated? This was a question which the Court of Appeal was asked to decide in the reported case of Glossop Cartons and … Continue reading Fraudulent Misrepresentation
Limitation : when time begins to run. Preface In order to be actionable (i.e. sustainable at law) all claims for legal remedies ( ie causes of action) must be must involve some element of breach and that breach in turn must cause loss. It follows that one cannot sue on a cause of action unless … Continue reading Limitation, Damage and THE Running of Time
Limitation and the Midnight Hour The majority of common law legal systems contain rules which specify the length of time in which a Claimant has to commence legal proceedings. Once the relevant period has expired the Claimant is prohibited from bringing any claims thereafter. These restrictions are founded upon sound policy precepts: the obligation on … Continue reading Limitation and the Midnight Hour
Litigation England & Wales By reason of what follows, all references to ‘England’ may properly be taken to include Wales. All references to ‘English’ may also properly be taken to mean Welsh. The Courts of England and Wales place considerable emphasis on the pragmatic expeditious and cost-effective resolution of any Court Business that comes before … Continue reading CLG Brochure: Litigation Section (E and W)
Preface The marked retreat of state funding for civil disputes in England and Wales allied with the (generally) increased costs of going to Court has meant that new ways of providing finance to a client with limited resources - but an ostensibly genuine and worthwhile claim – is essential. This Article sets out the broad … Continue reading Litigation Funding in England and Wales: Certain Observations