Dispute resolution publications

 

These articles have been written by lawyers at Speechly Bircham. Please get in touch with the authors if you would like more information on a particular topic.

Articles and case studies are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here .

Inform: Insolvency
The second edition of this newsletter examines significant cases in recent months and their impact on insolvency matters. These include shareholder claims in corporate insolvency, bankruptcy restriction orders and phoenix companies...read more

Inform: Litigation
In this issue we clarify a couple of points of law including, the differences between ‘reasonable’ or ‘best’ endeavours obligations, accepting/withdrawing the service of English Court proceedings and the new statutory derivative claim which comes into force with The Companies Act 2006... read more

Inform: Insolvency
The first issue of this periodical newsletter highlighting legal developments affecting Insolvency Practitioners. This issue covers recent cases of interest, Capital Gains Tax and more... read more

Inform: Litigation
The first issue of our regular newsletter covers arbitration in London, pre-action protocols, new Court of Appeal guildelines and more... read more

Electronic disclosure
Towards the end of 2005 new provisions were introduced into the Civil Procedural Rules (CPR) in recognition of the huge growth in the use of electronic communication and documentation (March 2006)... read more

Offer to settle?
A Part 36 payment is a useful tool in the defendant's weaponry in the defence of a money claim. It places pressure on the claimant to accept an offer of settlement, and so avoid having to go to trial (November 2005)... read more

Be aware of the proceeds of crime
A recent decison of the Court of Appeal has clarified the extent of a lawyer's obligation to make a report to the National Criminal Intelligence Service (NCIS) under the Proceeds of Crime Act 2002 (POCA) if during the course of litigation he or she discovers information leading to a suspicion that criminal property might be involved (July 2005)... read more

Foiling 'judgment proof' debtors
The key to successful litigation is identifying the risks and finding a way to control them (July 2005)... read more

Are hired guns back in business?
In 1999, as part of the Woolf reforms, provisions were introduced to prevent litigants from shopping for a 'hired gun' to give 'expert' evidence to support their claim or defence. ... read more

Mediation: how can you refuse it?
A significant consequence of the civil litigation procedural reforms introduced in 1999 following the Woolf report is the increase in the use of alternative dispute resolution (ADR) by litigants to resolve their differences (November 2004)... read more

The end of fixed charges on book debts under English law?
National Westminster Bank PLC v Spectrum Plus Ltd (15 January 2004)
The standard bank debenture, combining a fixed charge over 'immutable' assets such as property and booked debts, and floating charge over 'revolving' assets such as materials and stock, has been the backbone of commercial lending for the last 25 years ... read more

Commercial disputes: litigation or arbitration
My recent involvement in a fairly substantial arbitration, which settled about two-thirds of the way through its main hearing, has prompted me to muse on some of the ... read more