‘Civil Litigation’

General Overheads Not Deductible From Claim Rules Court

Thursday, November 15th, 2012

In a case involving parallel importation and unauthorised re-packaging of medical products, the Court of Appeal has ruled on the correct methods of calculation to be employed when assessing profits made from trade-mark infringements. The owners of the trade marks (the claimants) had sought an account of profits after the parallel ...

Forfeiture of Commercial Leases

Monday, September 24th, 2012

When parties enter into a lease, they enter into a legally binding contract. Under the terms of the contract there will be obligations (covenants) to be complied with. It won't come as a surprise that one of those covenants will be the payments of rent. Non-payment of ...

Dilapidations

Monday, September 24th, 2012

When a Tenant enters into a Lease of a commercial property, they need to be aware that it is a contractual document, and that they are obliged to comply with the covenants (obligations) set out within it. Of particular importance are clauses concerning repair, maintenance, cleaning and decoration. The terms ...

Government Announces Ban on Personal Injury Claim Referral Fees

Friday, September 9th, 2011

Lots in the news today about referral fees and ambulance chasing lawyers. A few facts 1. Most small value personal injury cases are “sold” to solicitors by Claims Management Companies (CMC). The average sale price to solicitors is about £500! You will see the CMCs advertising on the TV regularly. 2. Many insurance companies ...

Jackson Reforms discussed by APIL local meeting

Thursday, May 19th, 2011

I attended a special interest APIL meeting on 16th May 2011, concerning damages. Concern was expressed by members regarding the Jackson reforms and costs implications. APIL members were encouraged to lobby their MPs regarding the proposed costs changes, as MPs reactions have been favourable to APILS lobbying so far. Many members ...