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  • EHL Conveyancing Team
    Need to recover a debt? Ensure you are compliant with the new ‘rules’
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    Need to recover a debt? Ensure you are compliant with the new ‘rules’   On the 1 October 2017, the new Pre-Action Protocol for Debt Claims came into force. Contained in the Civil Procedure Rules (CPR), businesses will be expected to follow the new protocol prior to commencing proceedings where they wish to recover a… Learn more

  • Amendments to the Civil Procedure Rules introduce automatic strike out for non payment of trial fee
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    Amendments to the Civil Procedure Rules introduce automatic strike out for non payment of trial fee   In amendments to the Civil Procedure Rules that were published on 6th April 2017, there are new sanctions imposed for Claimants who fail to pay the trial fee in accordance with the Court’s directions. Pursuant to the new… Learn more

  • Can a previous dispute be heard by the Court for a second time?
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    Can a previous dispute be heard by the Court for a second time?   Any dispute which cannot be resolved amicably between parties is likely to require the involvement of legal assistance, and possibly an exploration of Alternative Dispute Resolution (ADR) [in any of its forms]. In the event that the parties continue to disagree,… Learn more

  • Bringing and Defending Disputes – Part 7 Proceedings
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    Bringing and Defending Disputes. What are Part 7 Proceedings?   Disputes can vary greatly in value and complexity, and as such, the Court fee payable to initiate a claim will correlate directly with its value on a sliding scale. The Advisory and Dispute Resolution department at EHL Commercial have experience dealing with all types of… Learn more

  • How can Debt recovery tackle rising court costs?
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    How can debt recovery tackle rising court costs?   Barely a year goes by without an increase in the court fees for civil claims, including taking a debtor to court – and the increases in just the past three years have been truly eye-watering.   It began on April 22nd 2014, when fees for claims… Learn more

  • Paul Stubbs - Litigation
    Why do I need to disclose documents in civil proceedings?
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    In most civil claims there will come a point where the parties have to disclose documents relating to the claim to their opponents.  The categories of documents extend to those in support of the claim and also those in support of the defence.  But what is the purpose of this? In the case of Davies… Learn more

  • Paul Stubbs - Litigation
    Which track do I issue my debt collection claim in if I go to Court?
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    A common question when initially discussing debt collection with a client is which track do I issue my claim in if I go to Court?  There are basic guidelines as to whether a case (excluding personal injury claims) will fall within the small claims, fast or multi-tracks.  The basic principles are where the figure in… Learn more

  • Paul Stubbs - Litigation
    What happens if a Claimant brings a claim against me twice?
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      If a claim is issued against you, it is usual to expect the full extent of the claim to be contained in one claim form and a document known as the particulars of claim.  If, despite serving a defence, the claim does not progress and then a further claim is issued (with a separate… Learn more

  • Paul Stubbs - Litigation
    What is ‘ADR’?
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      ADR is ‘Alternative Dispute Resolution’, the umbrella term used for different ways of attempting to settle a claim outside the court forum.  There are many different types of ADR including mediation with an independent mediator, round table meetings (where the parties meet with their legal representatives or alone) and arbitration. ADR can be a… Learn more

  • Paul Stubbs - Litigation
    What is a provision for arbitration?
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    Many commercial contracts have a provision for arbitration if a dispute arises between the parties.  Arbitration is used as an alternative to litigation as a means of resolving disputes.  Like a court judgment, the decision of an arbitral tribunal is final and binding. In the recent case of Arts & Antiques Limited v Peter Richards… Learn more

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