Case law update – Courts pivot to mandatory dispute resolution
News
Social housing providers
On 29 November 2023, the Court of Appeal handed down judgement in the matter of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 confirming that the court can stay claims and compel parties to engage in alternative dispute resolution.
Written by
Emily Hope
,
Matthew Wilson
and
Lindsay Felstead
Read more on Case law update – Courts pivot to mandatory dispute resolution
Recoverability of litigation costs via service charge provisions: Can landlords litigate at lessees’ expense?
News
Property litigation
The Court of Appeal decision for the above case provides further guidance on whether legal and professional costs can be recovered through a service charge.
Written by
Kary Withers
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Amanda French, partner and head of retail at national law firm Clarke Willmott LLP, explores why online brands are increasingly wanting physical space and the key considerations for retailers looking to move to the high street.
Written by
Amanda French
Read more on Why E-commerce is moving to the high street
Body Shop administration highlights importance of robust supplier contracts
News
Retail & leisure
Insolvencies are rising in the UK, and The Body Shop’s collapse serves as a wake-up call to suppliers about the importance of robust supplier contracts.
Written by
Chidem Aliss
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Court of Appeal allows secret commissions claim to proceed as a representative action
News
Financial services litigation
The Court of Appeal in Commission Recovery Ltd v Marks & Clerk LLP & Another [2024] EWCA Civ 9 has upheld a High Court’s decision permitting a secret commission claim to proceed as a representative action under CPR 19.8 in an important decision for the “opt out” collective action regime in England and Wales.
Written by
Darren Kidd
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Settlement reached in shared appreciation mortgage claim, but more to be done says lawyer
News
Financial services litigation
Partner Laura Robinson discusses the six-week trial between one of Britain’s biggest banks and homeowners left in debt after taking out a controversial mortgage product.
Written by
Laura Robinson (née Hazell)
Read more on Settlement reached in shared appreciation mortgage claim, but more to be done says lawyer
