Civil Litigation

24.03.22

Don’t leave it too late: the importance of limitation periods in professional negligence claims

What is a limitation period? A limitation period is the amount of time that you have to bring a Court claim in England and Wales. The Limitation Act 1980 governs the length of limitation periods which vary based on the type of claim that you are attempting to bring to Court. These “baseline” lengths can…

Anonymisation in civil proceedings

There has long been a tension between the principles of open justice and the desire of parties litigating sensitive matters to keep their identity, parts of the litigation, or even the fact of the litigation itself, private. The default position for almost all civil litigation is that (i) parties are named in proceedings, (ii) non-parties…

18.02.22

NFTs and fraud: What to look out for and what you can do if you are scammed

Non-Fungible Tokens (NFTs) are the new hot topic in the crypto space, with global NFT sales passing the $4billion mark at the beginning of 2022. Of course, with so much money at stake in an industry that has little to no regulation by design, it was only a matter of time before fraudsters began taking…

14.02.22

Lexis Nexis Interview: Trade secrets, breach of confidence and conspiracy

Adham Harker of Brett Wilson LLP is interviewed about the decision in Salt Ship Design AS v Prysmian Powerlink SRL [2021] EWHC 2633 (Comm). Introduction The High Court has upheld a claim for breach of confidence and unlawful means conspiracy in this case which involved a design document being misused by a third party, after…

5.01.22

Covid-19 no longer an acceptable excuse for procedural failings

Covid-19 and the restrictions imposed as a result have inevitably had an impact on whether court deadlines can be met in every case. What if you need to make an application for an extension of time as a result of Covid restrictions? What are the principles that the Court will apply? Does the Court’s sympathetic…

22.11.21

Should litigants in person get less leeway in libel cases?

The question of how much leeway a litigant-in-person should get when it comes to compliance with the Civil Procedure Rules (‘CPR’) and court orders is a long-argued and fraught one.  The concept of litigants-in-person being treated in the same way as those professionally represented has been eroded over time with concessions here and indulgences there….

19.11.21

Various Covid-19 restrictions on creditors taking corporate insolvency have ended

We have been monitoring the Corporate Insolvency and Governance Act 2020 (the “Act”) closely since it came into effect on 26 June 2020. Under the Act, as it currently stands, the relevant period of the temporary restrictions and moratorium periods can be extended pursuant to the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of…

An introduction to directors disqualification proceedings

Below we discuss common questions that arise when an individual faces the threat of directors disqualification proceedings. When do director disqualification proceedings arise? Below we discuss common questions that arise when an individual is threatened with disqualification proceedings by either the Secretary of State or a liquidator and following disqualification. When do director disqualification proceedings…

Service on directors of UK companies: a practical alternative to the Civil Procedure Rules

In Key Homes Bradford Ltd and others v Patel [2014] EWHC B1 (Ch), the High Court considered the validity of service of a claim form on the director of a UK company, pointing to a practical alternative for service found in the Companies Act 2006 (‘the Act’). In the decision, Master Marsh concluded that section…

21.10.21

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2022 directory

Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory. In the firm’s media and communications law department, partners Iain Wilson (noted for ‘having very good knowledge and understanding what a client wants), Max Campbell (‘outstanding knowledge, practical approach and amazing client service‘) and…