
AVOIDING THE TERMS OF A CONSENT ORDER: A CASE THAT HAS A LOT OF LESSONS FOR SOLICITORS: WHY A CONSENT ORDER MAY NOT BE WORTH THE PAPER ITS WRITTEN ON
The judgment in Riordan & Ors v Moon Beevor Solicitors (a firm) [2018] EWHC 1452 (QB) gives an interesting insight into the fallout from litigation – where the disgruntled client blames the solicitors. There are important lessons here about the drafting…
CONSENT ORDERS, CONFIDENTIALITY AGREEMENTS, IMPLIED TERMS AND (LET'S BE HONEST) A PRETTY DETERMINED EFFORT TO AVOID PAYMENT
I am grateful to Tobias Haynes from Waterside Legal LLP for sending me a copy of the judgment of His Honour Judge Cooke in Hartland -v- Buccament Bay Resort Ltd (7th July 2016) a copy of which is attached to…
EXTENSIONS OF TIME TO COMPLY WITH CONSENT ORDER: COURT OF APPEAL DECISION
In Safin (Fursecroft) Limited -v- The Estate of Dr Said Ahmed Said Badrig (deceased) [2015] EWCA Civ 739 the Court of Appeal considered the principles relating to extensions of time of a consent order. KEY POINTS The Court has the…
"MISAPPLICATION OF THE WORD SANCTION": EXTENDING TIME ON A CONSENT ORDER IS NOT AN APPLICATION FOR RELIEF FROM SANCTIONS: SERVICE -v- BEACKON CONSIDERED
The case of Service Insurance Company Ltd -v- Beackon is briefly reported on Lawtel on the 26th June 2014. It is a High Court decision by Andrews J where he rejected an appeal by an insurance company against an…
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