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  1. Small Business and Employment Act 2015

        The Small Business, Enterprise and Employment Act 2015 (the "Act") received Royal Assent in March this year. Certain provisions, namely the abolition of bearer shares and the requirement that directors' general duties were to apply to shadow directors, came into force in May 2015. Some of the main provisions coming into force on 10 October 2015 include: •...

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  2. Ain't No Stopping Us Now

    By way of an update to our last blog, despite the valiant efforts of, amongst others, Lord Pannick, the proposed Court fee changes were approved by the House of Lords last week. Based on last week's rush to the Courts in the short term we have no doubt that the Courts will see a higher level of activity (most of which of course will be for claims started at the lower rates, so more work for...

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  3. Easy Money

    While there will no doubt be lots of speculation in the days leading up to George Osborne's pre-election Budget on 18 March, we doubt that anyone will be anticipating a rise in any single tax of more than 600 per cent. It's hardly an election winner, is it? Yet next Monday (9 March)   – barring a parliamentary upset – the Government will bring in changes to Court fees that...

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  4. You Don't Have To Say You Love Me

    The Defamation Act 2013 came into force at the beginning of the year with the stated intention of making it harder for Claimants to establish a claim in defamation. A key way in which the Act proposed to do this was by providing that a statement would not be defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the Claimant. Defamation lawyers...

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  5. Don't Dream It's Over..

    On 4 July 2014, the Court of Appeal allowed the appeals against the decisions in three of the “Mitchell” cases, which were heard together before Dyson MR, Jackson LJ and Vos LJ.  The Court somewhat passed the buck of the huge amount of satellite litigation arising from the application of the Mitchell decision to the failures by judges to apply that decision correctly, rather...

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  6. What's Going On?

    The decision in Mitchell v News Group Newspapers (see earlier blog) may have been unpopular and perhaps harsh but to give Master McCloud his dues, at least his interpretation of the Jackson reforms on Part 3.9 of the Civil Procedure Rules was clear: relief from sanction will only be given if the non-compliance is either trivial, or if there is a good reason for it. The subsequent cases have...

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  7. Money (That's what I want)

    And so it is that the most closely watched case in the financial services sector is settled out of Court in the month scheduled for the trial.   It has been reported that Guardian Care Homes (owned by Graiseley Properties) and others have “restructured the £70m” debt owed to Barclays under the interest rate swaps which were at the subject of the litigation. ...

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  8. Message (Not) In A Bottle

    The much awaited Court of Appeal "Plebgate" costs decision was published last week and, having decided that Mr Mitchell would be limited to recovering his court fees only (if he ultimately wins his substantive case),  the Court of Appeal didn't waste the opportunity to send a clear message to litigation lawyers everywhere.  Lord Dyson, the Master of the Rolls (the second most...

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  9. I Want To Ride My Bicycle

    And so we return to our old friend, Rupert Jackson, and his reforms to the civil justice system. These reforms included costs control designed to improve access to justice.   A recent court decision demonstrates that the former doesn't always lead to the latter. One of the big sticks introduced by the reforms was a provision that costs that would otherwise be recoverable from the...

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  10. Money For Nothing

    Have you been one of the brave ones and started a new business recently? Yes? Right, sit down, we might have some good news for you. You could be forgiven for thinking that, in these days of near triple dip recessions and huge public spending cuts, you had as much chance of a free lunch from the Government as winning the Euromillions. Well, you might want to pop in to the newsagents on your...

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  11. You Don't Bring Me Flowers

    Interflora has won its long-running legal battle against Marks & Spencer after a judge ruled that the high street giant had infringed Interflora’s trade mark via its use of the Google Adwords system. Googles Adwords allow entities to buy online ‘placed text’ advertising that is not visible to the internet user but which drives traffic to a sponsored link when people...

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  12. And Now The End Is Near

    So J-Day is nearly upon us.   J-Day (for those of you whose homepage isn’t ) is not the author of that racket coming out of your teenage daughter’s bedroom, but is what some hip and happening lawyers are calling 1 April.   The J in question is Sir Rupert Jackson, the man behind a series of reforms to the civil justice system. His final...

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