Litigation privilege is a legal principle that protects certain communications and documents created or exchanged in the context of pending or anticipated litigation from being disclosed to the other party or in court. This privilege is designed to promote candid discussions and thorough preparation by parties and their legal counsel […]
Legal professional privilege (LPP) is a fundamental legal principle that protects the confidentiality of communications between a lawyer and their client. This privilege is essential for ensuring that clients can speak freely and honestly with their legal counsel, thereby promoting the effective administration of justice. Below is a comprehensive overview […]
We are often instructed in relation to disputes between homeowners and builders/building contractors. The homeowners usually complain that the job done by the builder is not satisfactory. While, on the other hand the builders often complain about not receiving payments from the homeowners on time, which leads to unnecessary delays […]
In previous articles we discussed what parties need to consider when drafting terms and conditions in business contracts for the sale of goods. Those articles can be seen here and here. In this article, we discuss exemption clauses parties might wish to include in such contracts. Exemption clauses represent ways […]
We have often been approached by clients, particularly, during the Covid 19 lockdown, regarding “settlement agreements” that are being offered by their employers. Generally, a settlement agreement is an arrangement where the employer and employee mutually agree to settle any pending or potential dispute between them. Settlement agreements are also […]
What can a seller do in the drafting of a Sale of Goods contract to avoid or mitigate the issue when its goods remain unpaid? In our previous article (Clauses in Commercial Contracts), we set out certain key elements to consider in drafting a contract for the sale of goods […]
Summary judgment granted in favour of landlord seeking to recover commercial rent during the COVID-19 pandemic On 16 April 2021, the judgement in the case of Commerz Real Investmentgesellschaft mbh v TFS Stores Limited [2021] EWHC 863 (Ch) was delivered by Chief Master Marsh in respect of a landlord’s ability […]
Service out of jurisdiction after Brexit Where a defendant is outside the United Kingdom, the claim form and other documents in the proceedings will have to be served on the defendant overseas. Due to the United Kingdom’s membership of the European Union, particular rules had applied if the defendant was […]
Marsans was invited by a court in United Kingdom, to provide an Expert Opinion on the subject and particulars of a transfer of property in India. The point of dispute requiring expert opinion concerned the alleged breach of a court order for a transfer of a property in Goa, India, […]
