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THE LATEST NEWS FROM EMW | |
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Buyer Beware: when does a buyer have notice of third party rights? The recent case of Carlos Soto Sau and Anor v AP Moller-Maersk AS [2015] EWHC 458 (Comm) involved the shipping of frozen swordfish to Spain, which were certified as unfit for human consumption when reaching the buyer. The case demonstrates the lengths that a buyer is expected to go to be aware of any matters that affect its legal ownership of the goods it is buying. Read more Changes to Part 36 Offers to Settle Since the implementation of the Civil Procedure Rules, Part 36 of the CPR has been seen as an important tactical tool used by either party as a means of putting pressure on the other side to settle the case. Read more Technology in Civil Litigation The law is considered to be a conservative area and slow to move with the times. But two recent items of news point out the increasing encroachment of the modern world, and particularly technology, on the legal world. Read more When is it reasonable to disclaim responsibility to third parties? From 9 March 2015, court fees in England and Wales for claims for the recovery of money were dramatically increased by, on average, 400%. Read more Compliance with court orders: a reminder Mistakes can happen when filing claims but a simple error can sometimes lead to a case being struck out. A recent case involved a litigant's £1.6m claim was struck out because it was sent it to the wrong email address. Read more | SPOTLIGHT ON: MEDIATION It is no secret that litigation can be a very costly procedure. Sometimes, there is no alternative. But, frequently, it can be worth exploring a more collaborative approach to dispute resolution. One such is mediation, in which the parties are guided towards settlement by a trained, independent, third party mediator who has experience of commercial disputes. The potential advantages are several. Read full details READ MORE Employment Newsletter
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