Tesco has lost its appeal over a long-running trademark dispute with budget supermarket Lidl. The primary dispute in question concerned its use of a yellow circle against a blue background in its Clubcard logo. The decision in the Lidl v Tesco Court of Appeal case means that Tesco will now be forced into changing its […]
Tag Archives: 訴訟
Child custody – how is child arrangement decided?
When a couple decides to separate or divorce, a top priority should be the welfare of any children involved. In a high number of cases, this factor can leave parents at odds with each other and unable to agree on who should take custody of the child. Child custody is therefore a key consideration for […]
Successful Claim of Damages against Developer on Defect and Disrepair
Recently, we successfully assisted an individual leaseholder client in claiming damages, including loss of income, for her newly built flat in a prestigious area of London. Background Prior to the Covid pandemic, the client complained about occasional leaking in the bathroom of the flat. The problem became more serious after the client […]
Griffiths vs TUI: Can a judge reject uncontroverted evidence?
Package holidays are a popular option for British families, with many finding them to be a convenient and cheaper option when travelling abroad. Most of these package holidays include meal options, further adding to the convenience. Unfortunately, in this particular case, Mr Griffiths, fell ill after staying at an all-inclusive hotel he had booked with […]
Harmonious Resolution: Neighbour Dispute Over Party Wall Overcome Through Mediation Mastery
We have recently been involved in a case that was put before the Bristol County Court. The case featured neighbours embroiled in a dispute over a proposed extension by neighbouring building owners. Due to the disagreement between the neighbouring parties it, eventually led to a legal challenge against an Award made by surveyors. Both parties […]
Judicial Wake-Up Call: A Tale of Late Notices, Non-Compliant Statements, and Inadequate Time Estimates
The recent judgment in the case of Hua She Asset Management (Shanghai) Co Ltd v Hung & Anor [2023] EWHC 2445 (Comm) underscores the importance of adhering to the Civil Procedural Rule. It highlights the duty of all parties involved to promptly inform the court of any emerging complexities and to reassess previously agreed […]
Debt Recovery Legal Considerations: Strategies for Disputed and Undisputed Debts
This article will focus on legal considerations for debt recovery. There are two ways to proceed when a debt is owed. If it’s disputed, we would advise that a pre-action letter is issued, and claim issued to the court. For undisputed debt, statutory demand can be considered. A statutory demand should not be […]
Success in Recognition of Dependants – Decade-Old Error Corrected
There are numerous pathways to securing immigration status in the United Kingdom. Each individual’s unique circumstances often leads them to selecting specific visa routes, and at times they may even possess multiple legal foundations for achieving Indefinite Leave to Remain (ILR). Dependants in particular can sometimes face a harder route to secure immigration status. […]
Captain Tom Foundation ordered to demolish spa complex built using charity’s name
Captain Tom Moore could be described as the totemic figure of the Covid lockdown period in the UK. Raising millions of pounds for NHS charities by walking laps of his garden, one of the defining images of the first lockdown was the uniform-adorned 99-year-old and his walking frame. Captain Tom became a global news story […]
Can you enforce a foreign judgement in the UK?
Today we would like to change things up and introduce you to another area of law, enforcing a foreign judgment in the UK. We understand that some of you may not be from the UK and would like to know whether you can enforce a judgment that you have obtained outside of the UK. […]
High Court case could open floodgates to thousands of COVID business interruption claims
A recent High Court case could pave the way for thousands of insurance claims by small to medium sized businesses in the UK. The fallout of the Covid-19 pandemic continues to have an impact on businesses, with the latest high-profile case involving the ExCel conference centre in London and their insurers, Royal & Sun Alliance. […]
Account Freezing Order involving seven figure sum successfully challenged and cleared by Lisa’s Law
By Yitong Guo In the past 6 months, the Litigation team at Lisa’s Law successfully assisted an individual client to challenge two Account Freezing Orders (AFOs) against their personal accounts and have the full seven figure sum released. Keep reading to learn about the case and how we got the desired outcome for […]
Does a solicitor owe a duty of care to a person who is not a client?
Duty of care is a relatively broad concept which refers to the obligations placed on people to act towards others in a certain way. While solicitors are used to having a duty of care towards their client, it is far more unusual for a solicitor to have to hold a duty of care to someone […]
Lease Dispute Involving a Seven-Figure Insurance Claim leads to another Successful Settlement
By Yitong Guo We are delighted to have started 2023 with a successful settlement involving a seven-figure insurance claim. This case involved us assisting a commercial landlord client on their insurance claim for an insured risk. We managed to secure full insurance payment from the landlord’s insurer despite the tenant’s alleged entitlement of […]
Campaigners lose appeal over right to use WhatsApp and private emails for government communication
The government has won an appeal over the right to use WhatsApp and private emails for official government communication. The main finding by the Court of Appeal was that there was no implied duty of the government to retain records under the Public Records Act. This follows a decision made by the High Court […]
Descendant of Doctor Zhivago author loses copyright case
The descendant of the author of Doctor Zhivago has lost a copyright case against the author of a spy thriller novel about the publication of the iconic Russian tale. One of the iconic novels which came out of the Soviet Union, Doctor Zhivago by Boris Pasternak was first published in Italy as it was […]
Is supporting a football team grounds for unfair dismissal under the Equality Act 2010?
“Some people think football is a matter of life and death. I assure you, it’s much more serious than that”. This famous quote by Bill Shankly is certainly a sentiment the claimant in this case, a life-long Rangers fan, would identify with. Like Shankly, the claimant in this case was a fellow Scot. But […]
Is Covid a viable defence by commercial tenants for rent arrears? No, says the Court of Appeal!
The Court of Appeal has recently found that a tenant cannot use Covid as a defence for rent arrears. The case acts as an important case study for rent arrears accrued during the pandemic as well as dispute resolution between commercial landlords and tenants. The cases in question were as follows, Bank of New […]
What does it mean for a payment to be ‘subject to completion’? Judge rules in favour of law firm after client refused to pay legal fees!
Written by Paul Cheuk The High Court of Justice has recently handed down an instructional judgment (Blacklion Law LLP v Amira Nature Foods Ltd [2022] EWHC 1500 (Ch)) in a lawsuit between a law firm and its client. The case involved a small London-based law firm suing a multinational rice distributor and its owner-director […]
Woman receives jail sentence for fraudulent £4m NHS claim
The NHS has been a highly respected public institution since its founding in 1948, symbolising the post-war consensus of the UK’s welfare state.. Such is the sanctity and esteem in which it is held in by the British population, that it has been described by some as the country’s new “national religion”. Indeed, former […]
Wrongful vs Unfair Dismissal: What is the difference and what role does ACAS Code of Practice on Disciplinary and Grievance play?
Wrongful or unfair dismissal is a reality of employment, one that the majority of people do not have to go through, but for those that do face it will know well enough how stressful it can be. While the two may sound similar, they are in fact very different. In this article we will […]
Things to know in an application for a rent repayment order – a view from the prism of Martin Joseph Rakusen v Mikkel Kepsen and others
Written by Felix Otouke. The case is about an appeal to the Upper Tribunal (Lands Chamber) by Mr Rakusen against the decision of the First-tier Tribunal (Property Chamber) (FTT). It was issued on 18th December 2019. Case breakdown In 2006 the freeholder of the building granted a lease of Flat 9, Mandeville […]
When it comes to whistleblowing, what is the part of protected disclosure agreements?
First off, what is a whistleblower? A whistleblower is a term used to describe a person who leaks sensitive information, reports wrongdoings, crimes, or morally questionable practices or events that occur within their own workplace. Usually, the reports are regarding people in high positions such as management or particular duties that the person has […]
Get your property back! What does the new guidance for private landlords say about the possession action process?
Property is a massive part of life. It is where families make homes, people raise children, or it can be simply a sanctuary to come back to after a difficult day. However, another huge aspect of the property world revolves around business, whereby landlords look to make money by allowing tenants to rent out their […]
Be Careful of Oral Agreements!
Written by Evveline Loh. The court had recently handed down their judgment in Coleman v Mundell [2020] EWHC 2852 in the Queen’s Bench Court around the end of last month. The case was a dispute about an oral agreement made between Mr Philip Coleman (the “Claimant”) and Mr Mundell (the “Defendant”). The Claimant […]
Family Litigation: Relocation of children must only occur in exceptional circumstances
In relation to family litigation regarding children’s custody, the general position is that the child’s usual residence should not be changed unless in exceptional circumstances. When considering the issue of usual residence, the Court will consider how long the residence has lasted and how well the child has settled down into the surroundings including schooling, […]
Alternative Dispute Resolution (ADR): Faster, Cheaper and Equally Capable Of the Job?
Written by Lavinder Kaur. What is Alternative Dispute Resolution? When you have a contractual or commercial dispute, it is not granted that you must go to court to have your grievance addressed. Parties usually have a choice to opt for one of the methods of an Alternative Dispute Resolution (“ADR”) to resolve their […]
Litigators Beware! Double hurdles ahead! The latest implication on setting aside default judgement
Written by Yitong Guo. Case concerned: Penta Ultimate Holdings Ltd and another v Storrier [2020] EWHC 2400 (Ch) The Case This is a claim brought in the Chancery Division in the High Court, concerning a dispute on alleged professional negligence by the former chief financial officer of the claimant. A […]
Court Finds No Evidence of Discrimination as Women’s State Pension Age Rises!
Women across the nation are likely to be united in their disappointment in the Court of Appeal’s decision to disregard campaigner’s accusations of discrimination after their state pension age was risen to be the same as a man’s. The case in question which we will be focussing on in this article is *R (on […]
Wait…have I been offered a Part 36 Offer?
Written by Evveline Loh. Before we delve into the recent case of Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC)…. What is a Part 36 offer? Parties to a court proceeding will usually try their best to mitigate adverse costs consequences by making a well-thought […]
Eviction Ban Now Over, Igniting Fresh Worry For Renters – But What Options Are Available?
The ban on evictions, which gave renting tenants some much needed breathing room during the lockdown period, has now been lifted meaning proceedings will be going to court for the first time since March. In England, Wales and Scotland, landlords must give six months’ notice of eviction, which has increased from two months before […]
Why the need to consider making an application for pre-action disclosure?
Receipt of documents before legal action can be vital to understand the strength of a prospective claimant’s position, how to ultimately plead its case and to explore the likelihood of whether a settlement can be reached to ultimately reduce the litigation costs. It is also intended to assist prospective claimants who need the disclosure to […]
COVID Secure Search Order Issued For Disgruntled Gas Company
Covid 19 has disrupted people’s life to a great extent. The government has issued strict social distancing guidance and threatens that any one in breach of it will face serious penalties. Court rooms and legal proceedings are no exception to this. In such context, many hearings have become virtual. The Ministry of Justice issued […]
Do Not Ignore Restrictive Covenants!
Written by Felix Otouke. The word covenant derives its root from Latin word ‘convenire’. Meaning “come together”, agree, unite or be suitable. A restrictive covenant is a promise that prohibits us from doing something. Therefore, in the context of an owner or occupier of a piece of land, it is a promise […]
Employment Law Focus: In the eyes of the law, dismissal based on hearsay is unacceptable – even in serious circumstances!
It is reasonable for employers to want their employees to have clean criminal records for a variety of reasons, one major reason being the reputation of the business or institution they are responsible for. However, in the eyes of the law any dismissal made in response to an employee being at risk of having committed […]
Competition and Markets Authority has 4 major property developers in its crosshairs!
Four of the UK’s largest housing developers could face legal action after the Competition and Markets Authority (CMA) revealed it has initiated action over the way leasehold homes were sold. The developers in question are: Barratt Developments Countryside Properties Persimmon Homes Taylor Wimpey The CMA claims that it has […]
Want to know what information the Home Office holds about you and how to obtain it?
We all know the feeling of having given something we own to a friend or family member and they take forever to give it back to us. It can be frustrating, and it can often leave us hesitant to loan anything to them again. Well, this same feeling is present when the Home Office are […]
A Rightful Owner Or A Trustee For All?
Written by Stephanie Chiu. A trust is not a novel concept to many. It is a way of managing a person’s assets. A person (a settlor) places his/her assets into a trust, appointing someone (trustee which can be the person him/herself) to manage the assets for the interest of someone else or even the […]
Possessions Proceedings, Evictions and More – Landlords vs Tenants in the Coronavirus Pandemic
The coronavirus pandemic has had a massive effect on the livelihoods of most of the world’s population. One of the most important things in life is the place you choose to live, and what to do with property that you own. It must be appreciated that renting property during this strange year can bring new […]
The Principle of Reflective Loss Does Not Apply To Creditors
Written by Lavinder Kaur, solicitor at Lisa’s Law. What is reflective loss? Firstly, the rule of reflective loss is derived from the principle of Foss v Harbottle, the company, being a separate legal entity, is the proper claimant to recover any loss resulting from an actionable wrong. A shareholder’s loss in respect […]
Leave it or Sign it? Simple miscommunications can lead to serious consequences!
Wtitten by Yitong Guo. BEC Construction Limited v Melt Hythe Limited [2020] EWHC 970 (TCC) The Fact: This is a High Court case in TECHNOLOGY & CONSTRUCTION division. The Defendant Melt Hythe Limited is a company registered in England and Wales. Its registered office is at an address known as Sunnyside, […]
Jarvis v Evans – Unlicensed Landlords and Possession Notice in Wales
Written by Evveline Loh. The Court of Appeal gave an important judgement on the 7 July 2020. It was held that a notice served under s8 of the Housing Act 1988 by a landlord is a ‘notice to terminate a tenancy’ falls within the scope of s7 (2) (f) of the Housing (Wales) Act […]
Force Majeure: When is it relevant and can you rely on it?
What does force majeure mean? Force majeure, which is French for ‘superior force’, refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling the obligations of the contract. Some examples of what can potentially […]
Child Abduction Proceedings and other Litigation Concerns – Amendments made amid Coronavirus
Amendments have been made to the practice and case management rules around Child Abduction Proceedings due to the COVID-19 outbreak. The new guidance will be in place until further notice. International Child Abduction and Contact Unit: The ICACU staff are now operating remotely and are encouraging other Central Authorities to submit applications by […]
Property dispute handled excellently at Lisa’s Law
We recently navigated our way to success in a particularly challenging litigation case, whereby the defending party used various tactics to confuse and delay legal proceedings from taking place. While, as legal practitioners, this can make for frustrating work, it is all the more satisfying when that work pays off and our client is left […]
Custody battle between parents – how to make the best of a bad situation
The love between a parent and their child forms the base of the strongest bond imaginable between humans, and most families will do whatever it takes to stay together. However, sometimes life gets in the way and family situations are not always going to be perfect. We recently handled a sensitive family case, and are […]
Mastercard Madness – Are you due compensation?
The vast majority of adults living in the UK could be entitled to compensation of up to £300 after a David and Goliath style court dispute led to a £14bn class action lawsuit. Picture the scene: you are in your local convenience store buying some supplies for the week ahead. You place your items on […]
