SRA v James: When “I was driven to it” is no defence
Paul Parker
| 13/11/2018

Today a likely fatal blow to well-being in the workplace was struck by the Administrative Court (Flaux LJ, Jeremy Baker J) in SRA v James and others [2018] EWHC 3058 (Admin). It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck […]

Four Fundamentals of Limitation Periods in Contract and Tort Claims
Carl Troman
| 25/10/2018

By Carl Troman, Barrister and Mediator at 4 New Square Four key points for the limitation period for contract and tort claims.  Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim. Primary Limitation The six year limitation period for a claim for breach of contract begins to run when […]

Service Can Be A Right Hassle
Carl Troman
| 24/10/2018

Carl Troman Barrister and Mediator at 4 New Square Introduction Last month I gave my ten top tips for service of proceedings. As if on cue the Supreme Court has just given judgment in Barton v Wright Hassall LLP [2018] UKSC 12, a case concerning an unsuccessful attempt to serve proceedings by email. In my top […]

Ten Top Tips for Service of Proceedings
Carl Troman
| 24/10/2018

Carl Troman, Barrister and Mediator at 4 New Square Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form.  Here are ten top tips for avoiding the […]

Stay of proceedings before serving a claim form
Stephen Innes and Hannah Daly
| 23/10/2018

What should claimants do when limitation is about to expire? Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants. When things go wrong in this situation, the courts always say that service should not be left […]

Big Brother Watch and Others v. The United Kingdom
Ian McDonald and John Williams
| 16th October 2018

Big Brother Watch and Others v. the UK: the ECtHR ruled last week that aspects of the UK’s mass surveillance programmes violate various Articles of the European Convention on Human Rights. Ian McDonald and John Williams consider the ECtHR’s decision, in which Can Yeginsu and Anthony Jones acted as counsel for Center for Democracy & […]

APP and Cyber Fraud: a Commercial Litigator’s Perspective
Shail Patel
| 11th October 2018

APP (“authorised push payment”) fraud and related cyber frauds have featured heavily in the financial and mainstream press lately. These scams involve the victim being tricked into making an instant electronic payment to fraudsters instead of the intended recipient. The industry has taken note, and a voluntary code for Payment Services Providers is currently under […]