The tone of much litigation correspondence is often one of outraged offence: your client is the repository of all virtue and the “other side” is guilty of extreme bad faith. This can sometimes be hidden in mild language: the description “unhelpful” often covers a multitude of sins in its passive-aggressive use and can easily be understood to mean that the recipient party is guilty of egregious misconduct.
On 9 November 2021, the Government announced new legislation and a Code of Practice to resolve commercial rent arrears that accrued during the pandemic. The new legislation is intended to take effect once the current moratorium, which protects commercial tenants from eviction, ends on 25 March 2022.
Unfair prejudice claims associated with the management of companies are usually brought by a minority shareholder, with the usual order sought being a ‘Buy-Out Order’ requiring the wrongdoer to purchase the unfairly prejudiced party’s shares. In Macom GmbH v Bozeat & Ors [2021] EWCH 1661 (Ch) this was turned on its head.
The way in which English law protects personal privacy is founded on a prohibition of misuse of private information. Recent developments have expanded this to cover intrusion or harassment. This is so even if some information has reached the public domain so there is some loss of absolute confidentiality.
Mediation is a process in which a neutral third party (the mediator) is appointed by the parties to a dispute to assist them to explore possible ways of reaching a negotiated resolution. Mediators tend to be appointed to facilitate negotiations, rather than to evaluate the relative strengths or weaknesses of the parties’ respective positions.
