Contracts Court of Appeal case
Goodman Derrick LLP acted in a case before the Court of Appeal concerning the Contracts (Rights of Third Parties) Act 1999. The Court of Appeal ruled that before the rights granted by the Act could be enforced, the third party in question must be expressly identified in the relevant contract by name, as a member of a class or as answering a particular description.
The use of the word "express" did not allow a process of construction or implication. For further information, please contact Deborah Rider in our Litigation Department.
The European Late Payment Directive will be incorporated into UK law by 16 March 2013 to help protect small businesses in the current economic climate.
New costs management rules – a good thing for litigation clients?
New rules on costs management are intended to benefit litigants by ensuring that the legal costs of fighting a case are proportionate to the issues in dispute. On the face of it this sounds like it must be a positive step, however the reality is that the changes may not be as beneficial as would initially appear to be the case. Nick Cook, a Senior Solicitor in the Dispute Resolution team at Goodman Derrick LLP, considers the pros and cons.
Design Copyright Reform: the Hargreaves process bears further fruit?
In all the excitement about the (not very significant) changes to digital copyright law brought about by the Hargreaves process, commercially significant changes to UK Design Law have been overlooked.
Important Changes Relating to Litigation Costs
In Shakespeare's time, lawyers adopted a "no fee, no breath" approach. In spite of the still widely held view that lawyers will do anything for money and nothing without it, "no win, no fee" arrangements have become commonplace in recent years in English litigation. However, a series of controversial changes are shortly to be introduced which, depending on one's viewpoint, may reduce access to justice for some, whilst increasing it for others and place some losing parties in a fairer position, but some in a worse one. Jonathan Haydn-Williams explains the current position and the imminent changes.
When is a house not a house…?
The Supreme Court gives guidance on the answer to this deceptive question …
Statutory “Underpinning” of professional conduct
If the legal profession has it, why not the Press?
Litigation Landscape in 2013
2013 will see the introduction of a number of the reforms contemplated by the Jackson Report. These reforms will fundamentally alter how litigation is funded in England and Wales.
Changes to Litigation Funding
Litigation can be unwelcome and uncertain not least in terms of controlling costs.
Hillsborough and The Cover Up: Can Our Legal System Regain Public Confidence?
In the last few weeks we have had to confront the inadequacies not only of the police and emergency services’ response to the Hillsborough disaster in 1989, but also that of the legal system which has taken over two decades to investigate the tragedy to anything approaching an acceptable standard.
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