Since the revised Civil Procedure Rules were introduced in 1998 there has been a concerted effort to encourage parties to undertake Alternative Dispute Resolution prior to proceeding to court. This can involve arbitration or mediation. Often agreements may specify that arbitration is obligatory. Mediation is a slightly more informal method, with the process to be [...]
Tomlin Order A Tomlin Order is a type of Order used to stay a claim. The Tomlin Order is negotiated and agreed by the parties and the terms of the Order are included in a schedule. If either party does not comply with the terms of the Order, they have the right to make an [...]
This article explores whether Part 36 offers to settle a dispute are contractual in nature; Whether offers lapse at the end of 21 days; what is ‘more advantageous’ ? 1. Contractual ? Ok. Admit it. Who of you reading this, still believes that offers made, can be superseded, and that a counter-offer constitutes a rejection [...]
This article serves to highlight some practical pointers to avoid being scammed, on CyberMonday, and CyberFraud generally: Please have in mind that certainly in English Law, and in particular under Consumer Law, the onus is upon you as the buyer to check and consider what you are purchasing. The principle in Law is ‘Caveat Emptor’, [...]
This article explores some of the points to identify in Travel and Expenses Fraud, within the office, and how to prevent, and deter it: 1. A Company credit card is used on a Sunday night, for a dinner for 5. Examine the receipt. Children’s meals? Family meals? This could be a misuse of Company money [...]
So, you have missed a Court deadline, or not paid the appropriate fee by a date that the Court said you should do so. 3 things may happen: 1. Nothing whatsoever, but unlikely because your opponent will usually try and take advantage; 2. Your opponent will apply to the Courts for an Order that your [...]
