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372 results found

Article

Penningtons Manches Cooper LLP | United Kingdom | 3 Nov 2011

Can you afford not to mediate?

The move towards using mediation as a form of alternative dispute resolution has accelerated in recent years.

Article

DMH Stallard LLP | United Kingdom | 28 Oct 2011

Daejan Investments Ltd v Benson and others

The Court of Appeal has recently issued a stark warning to landlords that compliance with the consultation requirements prescribed by section 20 of the Landlord and Tenant Act 1985 (“s.20”) is vital in order to recover the costs of major works.

Article

Gowling WLG | Canada | 14 Apr 2011

The powerful effect of informal offers

The Alberta Court of Appeal addressed the effect of without prejudice offers in Mahe v. Boulianne.

Article

Kingsley Napley | United Kingdom | 10 Feb 2011

Landlord fails to recover £270,000 major works costs from tenants

A landlord must bear the costs of almost £270,000 for repairs to a block of flats after failing to recover these from the tenants due to non compliance with the statutory requirements to consult the tenants over the proposed costs.

Article

AO HALL Advocates | Guernsey | 12 Jan 2010

Court offers and payment into court how to avoid a near miss

Courts in Guernsey and elsewhere are increasingly adopting a stricter approach in relation to the costs of litigation.

Article

Nabarro LLP | United Kingdom | 24 Sep 2009

Offers to settle: the advantages and disadvantages of "without prejudice" offers in property disputes

Without prejudice offers may help parties to save time and costs in settling disputes.

Article

Herbert Smith Freehills LLP | Australia | 11 Aug 2009

The High Court upholds the principles of ‘just, quick, and cheap’ litigation

In Aon Risk Services Australia Limited v Australian National University 2009 HCA 27 (Aon v ANU), the High Court has unanimously upheld the importance of the objective of the ‘just, quick and cheap resolution of the real issues between the parties’ (as these objectives are variously enshrined in Court Rules) in determining applications for leave to amend pleadings.

Article

Gowling WLG | United Kingdom | 18 Mar 2009

Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Article

Kennedys Law LLP | United Kingdom | 6 Nov 2007

Without prejudice: when can evidence of a pre-litigation dispute be excluded under the without-prejudice rule?

The English Court of Appeal decision in Framlington Group Ltd v Barnetson 2007 makes it clear that, in order to exclude evidence of pre-litigation disputes under the without-prejudice rule (the Rule), one needs to look at the proximity between the issues at the heart of the settlement negotiations and the subject matter of the actual or threatened litigation.

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