A DEAL IS A DEAL!

September 18, 2017

In the recent case of Bernadette Heaney as Executrix of the Estate of Grace McEvoy (Deceased) -v- Michelle McCartney and Jacqueline McEvoy [2017] NICh6, the Court made it clear that, save in very exceptional circumstances, a compromise agreement entered into by parties to litigation will be upheld by the Court. The Plaintiff Executrix brought proceedings … Continue reading A DEAL IS A DEAL!

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What’s in a day – quite a lot actually!

April 21, 2017

In a recent English Court of Appeal decision Frank Otuo – and – Watchtower Bible and Tract Society of Britain [2017] EWCA Civ 316 – a defamation action which related to alleged slanderous words uttered in an announcement made at the Wimbledon Congregation of Jehovah’s Witnesses on 19 July 2012 – the Court had reason … Continue reading What’s in a day – quite a lot actually!

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Can a Second Charge Lender exercise its Right to Possession if a Property is in Negative Equity?

April 11, 2017

Until recently in Northern Ireland, second charge lenders have been unable to succeed in their possession application against borrowers whose property is in negative equity. However, this position may change arising from a recent decision in the matter of Swift Advances Plc v David Cully (2016) NI Master 11, where the Court granted a second … Continue reading Can a Second Charge Lender exercise its Right to Possession if a Property is in Negative Equity?

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To what extent are regulators obliged to refer complaints to their Investigating Committee?

The recent case of R (Oriaku) v NMC [2017] EWHC 235 provides an analysis of the extent to which regulators are obliged to refer complaints to their Investigating Committee. In the case of R (Oriaku) v NMC the Claimant was removed from the NMC register due to an incorrect entry. The Claimant was a Nigerian … Continue reading To what extent are regulators obliged to refer complaints to their Investigating Committee?

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The Importance of Complying with Court Orders: Workman (Appellant) v Forrester & Others (Respondent) [2017] EWCA CIV 73

April 3, 2017

Background The Court dealt with two appeals brought by the Appellant. The first appeal was against an Order of the High Court made in July 2014 wherein the Appellant’s previous appeal was dismissed in respect of an application to set aside Judgments made in February and December 2012 and January 2013.  The effect of those … Continue reading The Importance of Complying with Court Orders: Workman (Appellant) v Forrester & Others (Respondent) [2017] EWCA CIV 73

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The Courts Discretion to Stay Proceedings in Accordance with Section 86 (3) of the Judicature (NI) Act 1978

The Court of Appeal has recently ruled in the case of Barclays Bank trading as The Woolwich v Cregan Boyd and Paula Boyd as to the extent of the Courts discretion to stay proceedings under Section 86 (3) of the Judicature (NI) Act 1978. Section 86 (3) of the Judicature (NI) Act 1978 states as … Continue reading The Courts Discretion to Stay Proceedings in Accordance with Section 86 (3) of the Judicature (NI) Act 1978

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Mediation Bill 2017 – The Future of Mediation

March 6, 2017

The Mediation Bill 2017, in the Republic of Ireland has been eagerly awaited. It was included in the Government legislative programme as priority legislation during the Dáil term in 2016, published on 13 February 2017 for consideration. This Bill firmly puts mediation at the centre of the legal process and clearly promotes mediation as an … Continue reading Mediation Bill 2017 – The Future of Mediation

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Bankruptcy Court refuses to look behind Judgment upon presentation of Bankruptcy Petition

February 28, 2017

In the recent decision of Master Kelly in The Governor and Company of the Bank of Ireland –v- Gerard Noel McFeely and Conal Derek McFeely, the Master refused applications issued by Gerard McFeely and Conal McFeely (“the Debtors”) asking the Court to look behind a Judgment and dismiss Bankruptcy Petitions issued by The Governor & … Continue reading Bankruptcy Court refuses to look behind Judgment upon presentation of Bankruptcy Petition

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Don’t be so Delusional!

November 14, 2016

The Dispute Resolution Team at Cleaver Fulton Rankin regularly acts for charities and individuals who are the beneficiaries of a Will which is the subject of a challenge by a disappointed family member who claims that the Deceased did enjoy testamentary capacity. One issue which was recently explored by the High Court of England and … Continue reading Don’t be so Delusional!

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Adult Children & Inheritance Order Claims

November 11, 2016

Pursuant to the Inheritance (Provision for Family & Dependants) Northern Ireland Order 1979, Plaintiff adult children are given the statutory right to apply to the High Court for an award from the Estate of their parent on the basis that the Deceased failed to make “reasonable financial provision” for the Plaintiff. In general terms, “the … Continue reading Adult Children & Inheritance Order Claims

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Expert Evidence in Contentious Probate Cases

“When an expert has been instructed to give, or to prepare evidence for the purposes of Court proceedings, the expert owes a duty to assist the Court on matters within his or her expertise and this duty overrides any obligation to the party from whom the expert has received instruction, or by whom the expert … Continue reading Expert Evidence in Contentious Probate Cases

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Duties of an Insurance Broker

October 28, 2016

The case of Dunlop Haywards (DHL) Limited v Barbon Insurance Group Limited [2009] EWHC 2900 (COMM) provides a useful summary of the duties owed by an insurance broker to his client. http://www.bailii.org/ew/cases/EWHC/Comm/2009/2900.html These duties include a contractual duty of care and a duty of care in tort. The extent of the contractual duty is determined … Continue reading Duties of an Insurance Broker

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Brexit & the Enforcement of Foreign Judgments

In a previous article, I outlined the various processes of registration of Judgments. Following the UK’s decision to leave the European Union, there may be an impact on the current processes for enforcing Judgments from Europe. The current categories are as follows:- Enforcement of UK Judgments in Northern Ireland This process is governed by the … Continue reading Brexit & the Enforcement of Foreign Judgments

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Credit Control – Good Practice

Over the years I have received many instructions from small to medium sized businesses and whilst many of the clients’ credit control policies have been set up well, there are others where the lack of information or clear information has hindered the ability of the Solicitor to take as effective action as is necessary and … Continue reading Credit Control – Good Practice

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Statutory Demands – The Benefits & Disadvantages

October 14, 2016

Statutory Demands are a popular process by which a creditor threatens a debtor with Bankruptcy, or Winding Up. Statutory Demands are on a prescribed form and once served give the debtor 21 days within which to pay the sum claimed. The alternative to serving a Statutory Demand would be to serve a letter of claim … Continue reading Statutory Demands – The Benefits & Disadvantages

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Service of Documents – EC v Sunday Newspapers Ltd [2016] NIQB 61

September 20, 2016

In the above case, Mr Justice Stephens adjudicated as to whether the Defendant’s Solicitors, who had sent to the Central Court Office an email with a PDF attachment with a notice requesting a trial by a jury, had been effectively lodged with the appropriate office within the meaning of Order 33 Rule 4 (2) of … Continue reading Service of Documents – EC v Sunday Newspapers Ltd [2016] NIQB 61

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BREXIT and the impact on Northern Ireland Cross Border Insolvency

The 23rd June 2016 was not only a historic day in terms of European and UK politics- it also heralded the beginning of a potential momentous change to daily insolvency practice within Northern Ireland (and indeed the UK as a whole) when dealing with cross border insolvency matters. The primary governing insolvency legislation in NI … Continue reading BREXIT and the impact on Northern Ireland Cross Border Insolvency

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Case Analysis relating to Fraudulent Claims

September 1, 2016

The case law below demonstrates the varying nature of such claims, and the considerations which the court must take into account when faced with a potentially fraudulent claim. The recent 2016 case of Hayward .v. Zurich Insurance Co PLC [2016] UKSC 48 questioned whether an insurer can use the law of misrepresentation to unpick a … Continue reading Case Analysis relating to Fraudulent Claims

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What the future holds for personal injury claims following Brexit

In the aftermath of the UK’s unexpected vote to leave the EU questions as to the next steps for the country are rife. Whilst much discussion around the effect on the legal industry is speculative at this early stage given the large stream of domestic law running from EU legislation it is safe to assume … Continue reading What the future holds for personal injury claims following Brexit

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Transactions at an Undervalue and Preference Payments-Case Law Update

August 19, 2016

In the recent case of the Official Receiver for Northern Ireland –v- Patrick Doyle [2016] NI Master 7 Master Kelly the Court was asked to determine whether the transfer of lands from the Bankrupt to the Respondent for natural love and affection was void on the basis that the transfer constituted a Transaction at an … Continue reading Transactions at an Undervalue and Preference Payments-Case Law Update

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Dealing with Problem Tenants

The rental sector is currently enjoying something of a boom.  On the whole, tenants are usually responsible people and will treat you and your property with respect. Unfortunately at some point landlords may run into difficulties with tenants. This article will seek to address how to deal with some of the main problems that may … Continue reading Dealing with Problem Tenants

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BREXIT AND THE GENERAL DATA PROTECTION REGULATION – All BETS OFF?

August 3, 2016

The Data Protection Act 1998 provides rights to individuals on how their personal information is processed by data controllers. It is based on EU law. If you process personal data, which applies to most businesses, the Data Protection Act will apply. It is no doubt one of the most expensive legislative regimes given the administrative … Continue reading BREXIT AND THE GENERAL DATA PROTECTION REGULATION – All BETS OFF?

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Recent Developments in Law and Practice: Challenges and Opportunities for Junior Practitioners

June 29, 2016

Below are excerpts from a speech given by Fergal Maguire, Associate at the Bar of Northern Ireland, Young Bar Association’s Conference on Friday 6 May 2016. “One of the biggest challenges facing our profession stems from the aftermath of the recession of 2007 and 2008. As the economy declined, and since it has done so, … Continue reading Recent Developments in Law and Practice: Challenges and Opportunities for Junior Practitioners

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Control of Asbestos Regulations for Schools

June 21, 2016

Asbestos is a naturally occurring fibrous material that has been a popular building material since the 1950’s. It is used as an insulator, has good fire protection properties and protects against corrosion.  Because asbestos is often mixed with another material, it’s hard to know if you are working with it or not.  Asbestos is found … Continue reading Control of Asbestos Regulations for Schools

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CLEAVER FULTON RANKIN SOLICITORS JULIE-ANN, TIMOTHY AND RACHAEL ORGANISE SUCCESSFUL EUROPEAN YOUNG BAR ASSOCIATION CONFERENCE IN BELFAST

  Jerry Buting, star of hit Netflix documentary series ‘Making a Murderer’ joined over 200 young legal professionals in Belfast for the European Young Bar Association Spring Conference. The event was hosted by the Northern Ireland Young Solicitors’ Association. The Northern Ireland Young Solicitors’ Association (NIYSA) successfully brought the prestigious ‘European Young Bar Association Spring … Continue reading CLEAVER FULTON RANKIN SOLICITORS JULIE-ANN, TIMOTHY AND RACHAEL ORGANISE SUCCESSFUL EUROPEAN YOUNG BAR ASSOCIATION CONFERENCE IN BELFAST

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Note Taking – The Use of Live Text-based forms of Communication from Court

June 14, 2016

On 2 June 2016 the Lord Chief Justice’s Office issued Practice Direction 1 of 2016 which clarifies the approach in Northern Ireland to the taking of notes in Court and the use which may be made of live text-based communications such as email, social media (including twitter) and internet enabled laptops in and from Courts … Continue reading Note Taking – The Use of Live Text-based forms of Communication from Court

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Can a third party interfere with my right of access/right of way?

June 13, 2016

From time to time property disputes do arise. In my opinion, those relating to access or the interference with access to lands are the most common. The drive to protect one’s lands and to limit access to them can often cause disputes with neighbouring owners. This article focuses on the ability to limit access using … Continue reading Can a third party interfere with my right of access/right of way?

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Adjudication in the Construction Industry

June 9, 2016

The recent Lord Justice Gillen review of access to justice and reforms of the Court system in Northern Ireland points to the intention of the Courts to revolutionise the Court System. Alternative Dispute Resolution techniques such as Arbitration, Adjudication and Mediation will be key features of the anticipated reforms which may be initiated in a … Continue reading Adjudication in the Construction Industry

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Lukoil Mid-East Ltd v Barclays Bank plc

May 18, 2016

In the recent case of Lukoil Mid-East Ltd v Barclays Bank plc [2016] EWHC 166 (TCC) Lukoil Mid-East Ltd entered into a contract which engaged Baker Hughes Asia Pacific Ltd to drill several oil production wells in Iraqi oil fields. An on demand performance bond was issued by Barclays Bank plc on behalf of Baker … Continue reading Lukoil Mid-East Ltd v Barclays Bank plc

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Occupiers’ Liability

May 13, 2016

Occupiers’ liability is liability for injury or damage resulting to persons or goods on any land or other property from dangers due to the state of the property or to things done or omitted to be done, and for purposes connected therewith. The law in Northern Ireland in respect of occupiers’ liability is governed by … Continue reading Occupiers’ Liability

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The Tort of Negligence – Establishing a Duty of Care

April 22, 2016

There are four component parts which a Plaintiff must prove to establish negligence.  The burden of proving each falls upon the Plaintiff.  The four components are:- The Plaintiff was owed a duty of care; There was a breach of that duty of care; The Plaintiff suffered damage as a result of that breach; The damage … Continue reading The Tort of Negligence – Establishing a Duty of Care

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Health and Safety in the Workplace

March 4, 2016

Employers should be aware of the continuous need to up date health and safety policies and procedures and not only to prevent accidents but to avoid prosecutions for breaches of the legislation. It is important that employees are trained and provided with refresher training on a regular basis and documentation is maintained and signed off … Continue reading Health and Safety in the Workplace

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Fraud in Personal Injury Claims

The general crackdown on fraud is striking every aspect of business and this includes “cash for cash” and all other forms of fraudulent personal injury claims.  Insurers and Plaintiff practitioners has to take more care to ensure claims are not dishonest bearing in mind the consequences in respect of damages and costs.  The pre action … Continue reading Fraud in Personal Injury Claims

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Bank of Ireland (UK) PLC -v- Brian Patterson and others practicing as Patterson Miller [2014] NIQB 140

August 14, 2015

Background Mr Justice Weatherup recently considered the plaintiff bank’s claim which alleges negligent valuation of property by the defendant valuer on the instructions of the plaintiff lender, who relied on the valuation for the advance of funds to a third party to purchase the property valued. Mr Justice Weatherup give a preliminary ruling on the issue as to … Continue reading Bank of Ireland (UK) PLC -v- Brian Patterson and others practicing as Patterson Miller [2014] NIQB 140

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No overriding duty to act in good faith but implied term to act honestly and on proper grounds

August 3, 2015

A recent Technology and Construction Court case has determined an issue of contract interpretation relating to the awarding of service points under a PFI contract. In Portsmouth City Council v Ensign Highways Ltd [2015] the court held that there was no overriding objective on the council to act in good faith when awarding service points but there was … Continue reading No overriding duty to act in good faith but implied term to act honestly and on proper grounds

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EARLY NEUTRAL EVALUATION

July 23, 2015

Early Neutral Evaluation has been described as a process whereby the parties to a dispute “appoint man independent person who expresses an opinion on the merits of the issues specified by them. This opinion is non binding but provides an unbiased evaluation on relative positions and guidance as to the likely outcome should the case be heard … Continue reading EARLY NEUTRAL EVALUATION

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GUARANTEES AND THE STATUTE OF FRAUDS

October 31, 2014

The case of Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd and another -[2012] 3 All ER 842 saw the UK Court of Appeal confirm a High Court ruling that an e-mail chain of correspondence can give rise to a binding contract of guarantee. The defendants had argued that a guarantee in a chain of … Continue reading GUARANTEES AND THE STATUTE OF FRAUDS

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ENFORCEMENT OF JUDGMENTS OFFICE ORDERS SEIZURE ORDERS

October 29, 2014

One of the Orders available to the Enforcement of Judgments Office (“EJO”) when a creditor is enforcing a Judgment is a Seizure Order which authorises the EJO, or an Enforcement Officer to seize property owned by the debtor to meet part, or all of the recoverable debt. The items which the EJO can seize include personal goods, … Continue reading ENFORCEMENT OF JUDGMENTS OFFICE ORDERS SEIZURE ORDERS

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Appeals to the NI Valuation Tribunal – Farmers, Farmhouses and Domestic Properties

If you are dissatisfied at the capital value placed upon your property (which determines the level of rates you must pay) or you have been told by Land and Property Services that you do not qualify for a particular rate relief, then there are avenues of appeal you can take. For example, the District Valuer for your area … Continue reading Appeals to the NI Valuation Tribunal – Farmers, Farmhouses and Domestic Properties

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The ‘Bowerman’ duty continues to apply despite the existence of the CML Handbook

October 27, 2014

In the recent case of E.surv Limited v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch) the Court held that a surveying firm was entitled to a contribution under the Civil Liability (Contribution) Act 1978 from solicitors who had failed to report to their lender client details of a previous sale of the property that would have had an … Continue reading The ‘Bowerman’ duty continues to apply despite the existence of the CML Handbook

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WHAT IS THE WITHOUT PREJUDICE PRIVILEGE?

October 9, 2014

This article seeks to provide a very brief synopsis of the without prejudice rule. Although the without prejudice rule can arise in many different types of dispute, this article focuses on its application to commercial disputes. THE RULE The without prejudice rule exists to stop statements made in a genuine attempt to settle an existing dispute, whether … Continue reading WHAT IS THE WITHOUT PREJUDICE PRIVILEGE?

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Enforcement of Adjudicator’s Decisions in Northern Ireland

October 3, 2014

The statutory scheme for Adjudicator’s decisions in construction disputes was introduced in Northern Ireland by the Construction Contracts (Northern Ireland) Order 1997 and subsequently amended by the Construction Contacts (Amendment) Act (Northern Ireland) 2011. In short, the legislation provides that a party to a construction contract has the right to refer the dispute to adjudication under a specified procedure. … Continue reading Enforcement of Adjudicator’s Decisions in Northern Ireland

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RIGHT OF WAY BY PRESCRIPTION

August 21, 2014

A recent High Court judgment gives useful guidance as to the requirements which must be met by a plaintiff who claims an easement by prescription. Land (‘the dominant land’) which does not adjoin a public highway requires a right of way to cross adjoining land (‘the servient land’) in order to get access from the road. Where … Continue reading RIGHT OF WAY BY PRESCRIPTION

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Threshold to be reached to Set-Aside Judgment

July 24, 2014

A recent High Court case has re-iterated the now established position regarding the thresholds to be reached to set-aside a judgment. The particular case involved an application to set aside a judgment in default, obtained in respect of personal guarantees. Mr Justice Weatherup held the setting aside of a judgment is a matter in the discretion of … Continue reading Threshold to be reached to Set-Aside Judgment

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Are consumer’s precluded from “topping-up” an award by the Financial Ombudsman through the courts?

July 3, 2014

The Financial Ombudsman Service was set up by the Financial Services & Markets Act 2000 in order for disputes to be swiftly and easily resolved between consumers and providers of regulated financial services. Under this scheme the Financial Ombudsman (“the Ombudsman”) can deal with complaints, investigate, mediate, resolve disputes and most importantly for consumers provide compensation. The maximum limit … Continue reading Are consumer’s precluded from “topping-up” an award by the Financial Ombudsman through the courts?

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The Annual British and Irish Commercial Bar Law Conference 2014

April 16, 2014

Patrick Fleming, Jonathan Forrester and Lisa Boyd were delighted to attend the annual British and Irish Commercial Bar Law Conference 2014 in Manchester on 3 and 4 April 2014. Lawyers, which included members of the judiciary, barristers and solicitors from Ireland, Northern Ireland, Scotland, England and Wales, congregated in Manchester to hear the Commercial Judges from each of … Continue reading The Annual British and Irish Commercial Bar Law Conference 2014

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Enforcement of Foreign Judgments in Northern Ireland

Judgments obtained outside of Northern Ireland can be enforced within Northern Ireland, once registered. The process of registration will depend on the country where the Judgment was first obtained as there are different reciprocal agreements with some countries which allow the Judgment to be enforced as if the Judgment had been obtained in Northern Ireland and without the … Continue reading Enforcement of Foreign Judgments in Northern Ireland

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Retrospective Consent of Administrator

April 15, 2014

The recent case of Cyril Fulton And Ernest Fulton v. AIB Group (UK) Plc considered whether an Administrator has power to provide retrospective consent to commencement of legal proceedings against a Partnership. This was the first time this matter was given considered the court, by Mr Justice Horner was the appointed Judge. Consideration was given to the case … Continue reading Retrospective Consent of Administrator

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READY WILLING AND ABLE TO COMPLETE?

February 28, 2014

On 17 February 2014, His Lordship Mr Justice Deeny delivered Judgment in the case of Fernhill Properties (NI) Limited v Robert Scullion No. [2014] NICh4. Mr Scullion had entered into a Building Agreement and Agreement for Lease in connection with an apartment at College Court Central, 14 – 20 College Square and 54 – 62 King Street, … Continue reading READY WILLING AND ABLE TO COMPLETE?

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APPLICATIONS TO SET-ASIDE A DEFAULT JUDGMENT

February 26, 2014

Cleaver Fulton Rankin recently acted on behalf of a Plaintiff defending an application to set-aside a Default Judgment, obtained in default of defence. The Defendant applied pursuant to Order 13 Rule 8 of the Rules of the Court of Judicature to have the Default Judgment set-aside on the grounds that it had a meritorious defence to the Plaintiff’s … Continue reading APPLICATIONS TO SET-ASIDE A DEFAULT JUDGMENT

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Unreasonable refusal to participate in ADR – an extension of the Halsey principles

December 19, 2013

In Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 the Court of Appeal addressed the extent to which the court can encourage parties in the settlement of disputes. It was held that the successful party can be deprived of all or part of its costs if it unreasonably refused to participate in Alternative Dispute Resolution … Continue reading Unreasonable refusal to participate in ADR – an extension of the Halsey principles

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Tenants and Landlords beware – Caution should be exercised when invoking a break clauses

November 25, 2013

In an unsettled market reducing one’s overheads has become a key performance indicator for commercial tenants. It is therefore not unsurprising that we have been approached by many clients, both tenants and landlords, to consider the implications of the exercise of break options contained within commercial leases. The initial attraction in a falling market is obvious, a commercial … Continue reading Tenants and Landlords beware – Caution should be exercised when invoking a break clauses

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CLAIMING INTEREST AND COMPENSATION ON OVERDUE INVOICES

November 22, 2013

If you are a business and your customers are regularly late in paying their invoices, you can claim interest and compensation under the Late Payments Legislation. The rate of interest which has been set by the legislation is 8% above the base rate as at the date of the invoice. As the base rate has been 0.5% … Continue reading CLAIMING INTEREST AND COMPENSATION ON OVERDUE INVOICES

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Santander v Carlin & Hughes: The Truth, the Whole Truth and Nothing but the Truth

October 21, 2013

The case of Santander v Carlin & Hughes [2013] NICh 14 has recently come before the Northern Ireland High Court and affirmed the Court’s decision in Swift Advances Plc v James and Maureen McCourt [2012] NI Ch 33. The recent judgment of Deeny J marks an important decision on the filing of affidavit evidence before the Court in … Continue reading Santander v Carlin & Hughes: The Truth, the Whole Truth and Nothing but the Truth

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Implications in relation to potential claims for interest and compensation under the Late Payments of Commercial Debts (Interest) Act 1998

October 10, 2013

A recent decision in the County Court has raised implications in relation to potential claims for interest and compensation under the Late Payments of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2002. The County Court Judge was hearing an appeal against the decision of a District Judge in the … Continue reading Implications in relation to potential claims for interest and compensation under the Late Payments of Commercial Debts (Interest) Act 1998

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Interflora v Marks & Spencer: War of the Roses?

September 20, 2013

After several years of protracted litigation between Interflora and Marks and Spencer, the English High Court has issued judgment in favour of Interflora as trademark owner. The well known flower delivery network in the UK, Interflora operates a website for placing flower delivery orders using keyword advertising via Google. When Google changed its policy allowing advertisers to bid … Continue reading Interflora v Marks & Spencer: War of the Roses?

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Personal Injury Claims and the recent County Court Jurisdiction Changes

August 28, 2013

The long anticipated increase in the County Court Jurisdiction to £30,000.00 came into effect on 25 February 2013, together with a Pre-Action Protocol which is mirrored on the Pre-Action Protocol in the High Court. In addition, the publication of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland (Fourth Edition) was published … Continue reading Personal Injury Claims and the recent County Court Jurisdiction Changes

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Dealing with Cybersquatters

August 1, 2013

The vast majority of companies conduct at least some of their business over the internet. Domain names are an essential part of a business brand and effectively “a showcase for business”. As a key aspect of a business’ brand, domain names can have significant value. A good address is highly sought after and can be expensive to … Continue reading Dealing with Cybersquatters

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CHANGES TO THE JURISDICTION OF THE COUNTY COURT (2013)

April 17, 2013

The legislative process to introduce changes to the jurisdiction of the County Court has recently been completed. The County Courts (Financial Limits) Order (Northern Ireland) 2013 increases thejurisdiction of the District Judges’ Court from £5,000 to £10,000 and the jurisdiction of the County Court from £15,000 to £30,000 with effect from 25 February 2013. The Department of … Continue reading CHANGES TO THE JURISDICTION OF THE COUNTY COURT (2013)

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Late Payment of Commercial Debts (Interest) Act 1998

September 24, 2012

A recent decision in the County Court has raised implications in relation to potential claims for interest and compensation under the Late Payments of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2002. The County Court Judge was hearing an appeal against the decision of a District Judge in the … Continue reading Late Payment of Commercial Debts (Interest) Act 1998

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