Commercial

Articles

16 Jun 2009

Update: commercial

Sara Partington discusses the government's change of mind over bailiffs' enforcement powers, unfair bank charges, the duty of care of directors, the ongoing saga of 'service by Facebook', and the payment of sums due under an agreement, together with agreed contractual interest rates

16 Jun 2009

Balancing act

When making an application for third party disclosure, practitioners must put together a convincing case that the order sought is not a fishing expedition and does not affect third party rights, says Masood Ahmed

9 Jun 2009

Your bench needs you

All over the place there are notices up in robing rooms that ask us: have you ever thought of a judicial career? They are a bit like those “Your Country Needs You” posters, but without the moustache. For much of our careers the answer to the question, like so many questions posed on posters and advertisements, has been a pretty clear: “No, actually.” Being a judge seems so far away from what we do – being unnaturally quiet, not getting worked up about the outcome of the hearing, fooling about with your mates in the robing room and so on – that it appears to be an alien job, existing in a parallel universe to the court rooms that we inhabit.

9 Jun 2009

Update: crime

Ian Harris and Christopher Gutteridge review recent decisions on whether the prosecution can rely on hearsay evidence to remand a defendant in custody, claims for the return of property, and costs orders in criminal cases

9 Jun 2009

An unreasonable demand?

Statutory demands, an invaluable method of debt collection in the current climate, can be set aside by application to the court, but this will only be granted under specific circumstances, says Verona Cocks

9 Jun 2009

Out of site, out of mind

Websites offering user-generated content that behave responsibly in relation to copyright infringement should be safe from court action – at least until there is further development in this area of the law, says Dawn Osborne

9 Jun 2009

For better or for worse

Lord Justice Jackson's preliminary report raises fundamental questions that could give rise to a sea change in the way litigation is funded and managed, potentially to the detriment of defendants, say Rachel Moore and Scott Nightingale

26 May 2009

Update: wills and probate

Helen Bryant explains the new Inheritance Tax Account Form IHT 400, and considers cases involving post-death IHT planning and the interpretation of wills