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! November 2011
In this issue of LawSuit!, we examine the Court of Session case of Greenlees v Allianz Insurance Plc which is a timely reminder to read the small print in your contracts.
In addition, we look at the Court of Session trade mark dispute case of Schuh Ltd v Shh…Limited where Lord Glennie took the arguably progressive step of allowing the smaller retailer a chance to defend an ex-parte application by Schuh which would have temporarily restrained them from trading. Generally, unless a caveat document is lodged with the Court in advance then the other party will not find out until it is too late and the application has been granted.
We also examine the landmark decision in Axa General Insurance Ltd & Others v The Lord Advocate & Others which approved the Scottish Parliament’s legislation entitling former industrial workers affected by pleural plaques to make claims against their employers (or their insurers).
Moreover, we consider the recent case of Phee v Gordon & Others which is a warning to all golfers to ensure sufficient measures are taken to avoid any chance of a shot straying off course and hitting other golfers or face a costly damages action.
Can a third party who has brought about or induced a breach the contract be sued by one of the parties to the contract? This was the question that arose in Global Resources Group Ltd v Mackay and Lord Hodge’s judgement provides a useful summary of this delictual remedy.
Builders and consumers can often fall out and one of them will want to end the contract but deciding when to terminate the contract is a legal minefield. A builder’s excuse that the consumers are angry and intimidating is not a good one to explain a failure to complete the works as shown in the Dundee Sheriff Court case of Angus Joinery Limited v James and Valerie McKay.
We also have our “Ask WJM” section which this month answers a question from a reader about enforcement of a Scottish Court Order in England.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from Italy.
Lawsuit! Newsflash! September 2011
This is a Lawsuit! newsflash article by Andrew Wilson, a Partner in our Edinburgh office’s CDR team. Amid the media publicity, Andrew explains the law behind yesterday’s developments in the Court of Session where Lord Hodge granted a warrant to freeze £480,000 of Rangers FC’s assets in the breach of contract case brought against the club by ex-chief executive, Martin Bain.
LawSuit! July 2011
In this issue of LawSuit!, we look at how to become the legal owner of unoccupied abandoned land under Scots law.
In addition, we look at the Court of Session defamation case of Munro v Brown. Defamation actions in Scotland don’t come along too often so when they do, we feel we ought to give you a summary of the case and make you aware of defamation so that we can help if you find yourself in a similar position.
We also examine the OFT supercomplaint in relation to credit card surcharges and speculate on whether the surcharges might disappear in the near future. Further changes are proposed in England & Wales to the “no win, no fee” regime there so we thought it was a good time to analyse the position here.
Possibility of litigation on the horizon, don’t fancy the huges costs, stress and time involved? Perhaps mediation might be the answer. We give you an overview of this form of dispute resolution so you are better informed when it comes to deciding how to resolve your dispute.
We also have our “Ask WJM” sections which this month answers two questions from readers about product liability and your rights to compensation when you suffer food poisoning after dining out.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from Stirling.
LawSuit! May 2011
In this issue of LawSuit!, we examine a common problem that arises in e-commerce; the online pricing error! We also report on the first Scottish person to be convicted for illegally sharing music online.
In addition, we also have our “Ask WJM” section which this month answers two questions from readers about defamation and your rights when you purchase goods or services from a doorstep salesperson.
We also examine the super-junctions phenomenon and discuss whether social media is now pushing this legal remedy to the point of extinction.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from Perth.
LawSuit! April 2011
In this issue of LawSuit!, we give you the lowdown on Twitter as a marketing tool and analyse the pros and benefits of corporate tweeting! A commercial property owner’s duty of care to the public is examined in the relatively recent case of Honeybourne v Burgess.
In addition, we discuss a recent landmark decision in England that may prompt debt collectors to tread more carefully in future when chasing debtors for debt repayments. We also have our “Ask WJM” section which this month answers a question from a reader about a restrictive covenant clause in his employment contract.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from Aberdeen.
LawSuit! March 2011
In this issue of LawSuit!, we analyse the recent Court of Session case, TMSL v Loch Rannoch Highland Club which provided clarity on a number of contractual issues arising out of a huge fall-out between a timeshare club and its management company.
We also have our “Ask WJM” section which this month answers two questions from our readers about second hand cars (and your rights under the Sale of Goods Act 1979) and misrepresentation. In addition, we discuss a possible tax-efficient method of transferring your Spanish property into a UK Company. We also analyse a recent decision by the English High Court relating to the anonymity of online posters on newspaper websites.
Also, we discuss the new NHS patients’ rights to be introduced by the Scottish Parliament’s Patient Rights (Scotland) Act 2011. In addition we cast our eyes over potential disputes relating to employees’ probationary periods.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from Scotland.
LawSuit! February 2011
In this issue of LawSuit!, we highlight the new Tenancy Deposit Scheme introduced by the Scottish Government which comes into force next month. The Regulations are significant as all private landlords, whether with one property or a hundred, must comply.
We also have our “Ask WJM” section which this month answers a reader’s question about any preventative steps that can be taken when you suspect court proceedings are about to be raised against you.
In addition, Liam Entwistle, highlights the abolition of the Default Retirement Age and what that means for employers.
We also take a look at the recent English case of Traditional Structures Limited v HW Construction Limited where one party tried to pull the wool over the eyes of the other but ended up paying the price!
Also we analyse a recent Scottish case of Tummel Valley Leisure Limited v Branislav Sudjic which is good news for anglers and bad news if your property interests on the riverbank come into conflict with the local anglers!
Moreover, we discuss how a humble file note (or the lack of one) may have proved costly in the Scottish Court of Session case Lonedale Limited & Others v Scottish Motor Auctions (Holdings) Limited.
As always we round off with a comical legal story in our “You couldn’t make it up” section which this month comes from England.
