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Dispute Resolution Blog articles

Can an email create a legally binding contract?

Can an email create a legally binding contract?

(Co-written by Sophie Dipper, Trainee Solicitor and Emily Sadler, Associate) Exchanges of emails can create a legally binding contract Emails offer a quick and easy way to communicate and are used almost universally by all types of businesses. Yet care does need to be taken to prevent an informal exchange of emails amounting to the… Read more »

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Risk management in 2020: avoid potential problems when dating documents

Risk management in 2020: avoid potential problems when dating documents

What is the risk and solution when dating documents in 2020? 2020 sees the start of a new decade. For businesses of any size, the year also brings with it a potential risk management issue. During 2020 there is a risk when dating your documents for which there is a simple solution. When dating documents… Read more »

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Do your business contracts protect you from the risk of expensive court action?

Do your business contracts protect you from the risk of expensive court action?

Are the dispute resolution clauses in your commercial and business contracts delivering the outcome you want? Are they effective and binding? A valuable guide has recently been provided by the High Court on this subject to help those who are responsible for drafting and negotiating business contracts. Agreements in the course of business and commerce… Read more »

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Are boardroom communications about litigation private?

Are boardroom communications about litigation private?

There is a concept in the law called “litigation privilege”. This allows parties to investigate disputes without the risk of the other party being able to see the communications. It covers documents including electronic communications (like email and voicemail) and traditional communications like Board Minutes and handwritten notes. It covers documents which have been produced… Read more »

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Dispute Resolution – Is your solicitor playing to win?

Dispute Resolution – Is your solicitor playing to win?

This blog is intended to give you some ideas of strategies your lawyer may not have thought of to help you win your case. You have a problem. You need a solution. So you make an appointment with your usual solicitor in the local town. They talk you through the court process. It all sounds… Read more »

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How do you settle commercial disputes without going to court?

How do you settle commercial disputes without going to court?

Mediation can hold the key What is mediation and how does it apply to commercial disputes? Mediation is a forum for settlement of disputes in which an entirely independent specially trained third party (the mediator) meets the parties who are in dispute to help them negotiate a settlement of their dispute. Other common forums for… Read more »

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The truth about CVAs and insolvent tenants

The truth about CVAs and insolvent tenants

Whether mentioned in the same breath as House of Fraser or – more recently – Arcadia Group or Debenhams, company voluntary arrangements seem to energise the British business press more than any other insolvency procedure, with the possible exception of pre-pack administration sales. On the relatively few occasions when formal CVA proposals are actually put… Read more »

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Why aren’t we mediating more employment disputes?

Why aren’t we mediating more employment disputes?

Employment disputes are rarely settled by mediation. I think employment lawyers need to consider mediation as a useful option for resolving cases in the employment tribunal. I had a meeting recently with an employment solicitor at another firm in the region. She had qualified recently as a mediator and we talked about employment mediations and… Read more »

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Signing a Statement of Truth – What does it mean?

Signing a Statement of Truth – What does it mean?

(This blog was co-written with Shaun Piesley, Paralegal) If you are involved in litigation proceedings, it is very likely that you will be asked at some stage to sign a document that includes a statement stating that the facts contained within the document are true; this is referred to as a Statement of Truth. This… Read more »

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Taking on unfair payment terms

Taking on unfair payment terms

The late payment of debts is a problem for many businesses, causing cash flow problems and even, in a worst case scenario, putting the nail in the coffin of many small businesses. The figures make sober reading. According to the Federation of Small Businesses (FSB) a third of small businesses are paid late. If small… Read more »

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