All articles by Masood Ahmed – Page 7
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News
Terminating agency agreements – watch your language
The court in Stephen Gledhill v Bentley Designs (UK) Limited [2010] EWHC B8 (Mercantile) considered whether the principal (the defendant) had lawfully terminated the agency agreement on grounds that the agent’s (the claimant) purported abusive conduct had amounted to a fundamental breach of contract and thereby justified the termination.
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Challenging arbitration awards
One of the fundamental policy reasons behind the enactment of the Arbitration Act 1996 was the need to allow parties to resolve their disputes through arbitration and without judicial intervention.
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The jurisdictional scope of freezing orders
The jurisdiction of a freezing order was set out in the leading case of TSB Private Bank International S.A. v Chabra [1992] 1 WLR 231 (also known as the court’s Chabra-type of jurisdiction). It was held that, so long as the claimant had a good arguable cause of action against ...
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News
Dispute resolution: reasonable settlement and third parties
Where a defendant settles a claim with the claimant and then seeks to recover his losses from a third party, the third party may attempt to challenge the settlement on the basis that it was unreasonable. What approach, therefore, would the courts take in assessing whether a settlement was reasonable?
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News
Dispute resolution: recovering costs before allocation
Is a costs judge entitled to take the view that a matter would have been allocated to the small claims track (and therefore requiring the paying party to pay costs on the small claims track basis) where a case is settled before allocation and the consent order provides for costs ...
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News
Payment into court by cheque – when is payment ‘received’?
Where a party to proceedings has been ordered by the court to make a payment into court, whether for security for costs or otherwise, it is common practice for such a payment to be made from a firm’s client account by cheque.
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Dispute resolution: enforcing against a judgment debtor
All prudent dispute resolution lawyers are well aware that, despite having obtained a judgment in favour of a client, enforcing that judgment against a judgment debtor could potentially cause great problems.
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News
Strike out for abuse of process: guidance for making and resisting applications
The courts’ wide powers under CPR 3.4(2) and the factors a court will take into account when considering an application to strike out a statement of case for abuse of process were considered by the Court of Appeal in Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others [2009] ...
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Interpreting part 6 of the CPR: service by fax
The Civil Procedure (Amendment) Rules 2008, which came into force on 1 October 2008, brought about a number of significant amendments to the CPR, including changes to the rules governing the service of the claim form on defendants. The interpretation of some of these rules, in particular in relation to ...
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News
Reaffirming parliament’s stance on contracts
The recent Court of Appeal case of Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd ([2009] 1 AII ER (Comm) 16) will be of interest to both litigators and non-litigators. Although the main issue of appeal was whether the particular lease agreements in question fell within section 26 of ...
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News
Indemnity costs can add woe to a losing party’s bill
The recent High Court case of Noorani v Calver [2009] EWHC 592 (QB) has provided valuable guidance as to the factors a court will take into account when deciding whether to award costs to a party on an indemnity basis.