LawSuit!
LawSuit! is the disputes news note from WJM.
LawSuit! will be bringing you regular news and updates from the world of disputes & litigation. We’ll be highlighting court cases & tribunals and how they might affect you. We’ll look at mediation and other alternative forms of dispute resolution, and guide you towards best practice in all your dealings.
The WJM Commercial Dispute Resolution Team appreciate that an awareness of current issues is vital for you and this knowledge will assist you in making informed decisions, which is why we’ve developed LawSuit!
LawSuit! covers commercial and personal disputes.
Read the latest issue below.
Lawsuit! - August 2010
In this summer edition of Lawsuit, we will give you briefings on a threat to arbitration clauses by the Equality Act, data protection and planning law.
We answer another reader’s question in our “Ask WJM” section and we also discuss whether squatters’ rights exist.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Scotland!
Lawsuit! - June 2010
In this World Cup edition of Lawsuit, we will give you briefings on how to make your personal guarantees more effective, hedge disputes, Spanish timeshares, how to terminate a contract safely and third party rights.
Also we will take a look into our dusty case archives to analyse a case still relevant today; Hamilton v Allied Domecq Plc, and we answer another reader’s question in our “Ask WJM” section.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Italy!
Lawsuit! - May 2010
In this summer edition of Lawsuit, we will give you briefings on winding up petitions as a useful way to make unwilling debtors cough up and also a potential tax windfall for UK expats in Spain. In addition, we take a look at an adjudication dispute and the implications for contractors.
Also we will take a look into our dusty case archives to analyse a case still relevant today; Bank of East Asia Ltd v Scottish Enterprise, and we answer another reader’s question in our “Ask WJM” section.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Australia!
Lawsuit! - April 2010
In the fourth edition of 2010 we will give you a briefing on letters of intent, which are used often in the construction industry. Also we look at Khaliq v Londis (Holdings) Ltd which casts further doubt on the unique Scottish doctrine of Melville Monument liability.
We take a look at the UK Supreme Court case of RTS Flexible Systems v Muller which highlights the importance of having a written contract and we also provide you with an explanation of “gratuitous alienations”. In addition, we give you a briefing on how to have your foreign judgement recognised and enforced in Scotland.
Also we will take a look into our dusty case archives to analyse a case still relevant today; ERDC Construction Ltd v H M Love & Co which recognised the method of calculating a claim based on the value of work done known as “quantum meruit” , and we answer another reader’s question in our “Ask WJM” section.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Malaysia!
Lawsuit! - March 2010
In the third edition of 2010 we will give you a briefing on online defamation, waiver of your right to claim, internet use in the workplace and we look at one of the classic grey areas, restrictive covenants in sale of business contracts.
With the current air chaos caused by Eyjafj….well you know the one, that unpronounceable Icelandic volcano, we give you a briefing on your air passenger rights.
In addition, we will take a look into our dusty case archives to analyse a case still relevant today; Grosvenor Developments (Scotland) Plc v Argyll Stores Ltd, and we answer another reader’s question in our “Ask WJM” section.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Germany!
Lawsuit! - February 2010
In the second edition of 2010 we will give you a briefing on a further legal challenge to bank charges, update you on Protective Expenses Orders, analyse Douglas v Glenvarigill Company Ltd and provide you with an overview of the Arbitration (Scotland) Act 2010.
In addition, we will take a look into our dusty case archives to analyse a case still relevant today; Diesen v Samson, and we answer a reader’s question relating to a Spanish legal issue.
Finally, as always we round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Mexico!
Lawsuit! - January 2010
In the first edition of 2010 we will give you a briefing on a recent Court of Session decision in the Luminar Lava case where Lord Hodge gave us a timely reminder about the lodging of affidavits in commercial actions. We will also look at various topical issues from formation of a contract in the Baillie’s Estate case to how the new Sheriff Court rules for personal injury cases will operate.
In addition, we will take a look at the modernisation of the Court of Session motion procedures, analyse whether Scots law provides protection to innocent parties from a breach of pre-contractual good faith, and we will provide you with our thoughts on the the recent Scottish Parliament Bill to regulate Scottish factors and property managers. We shall also cast a glance over the Late Payment of Commercial Debts (Interest) Act 1998 to let you see how this legislation can help you obtain more money from your debtor and how interim interdict can help prevent an anticipated wrong from occuring.
Finally, as always we will round off the newsletter with our humorous “You Couldn’t Make It Up” section which this month is a comical legal story from Sweden!
