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Articles by Tim Constable
Professional Negligence Lawyers Association: Lord Briggs defends fixed recoverable costs regime
In a speech for the Professional Negligence Lawyers Association, Lord Briggs championed voluntary adjudication and gave qualified support to the use of fixed costs and one way costs-shifting to promote access to justice On 11 November 2024, Bates Wells was pleased to host an event to celebrate the 20th anniversary of the Professional Negligence Lawyers Association's (PNLA) formation.
Assessing The Impact: The EU's Corporate Sustainability Due Diligence Directive
On 24 May 2024, the Council of the EU has formally adopted the Corporate Sustainability Due Diligence Directive (CSDDD). The directive, which will impose mandatory human rights and environmental due diligence as well as transition plan requirements on companies in scope, has therefore likely cleared its last major hurdle. This marks a big win for corporate responsibility.
Professional Negligence
On 19 March 2024, the Ministry of Justice published draft legislation to reverse the Supreme Court's controversial July 2023 decision in R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28 (PACCAR), where it was held that litigation funding agreements (LFAs) can be damages-based agreements (DBAs) in circumstances where the funder plays no part in the conduct of the litigation but their remuneration is based on a percentage of any damages recovered.
Compulsory Mediation: A Sign Of Things To Come
In July this year, the Ministry of Justice announced that mediation will soon be compulsory for money claims worth up to £10,000. The change, which follows a year-long consultation on increasing the use of mediation in the civil justice system, is the clearest sign yet of a decisive shift in approaches to mediation: from encouragement to compulsion.
When the chips are down: how to stop supply shortages being a cause of disputes | JD Supra
Supply chain disorder continues to hamper the global economy, with certain components such as microchips having a disproportionate impact across all industries. This, coupled with other geopolitical uncertainties and raw material shortages, is a major cause of disputes and risk to businesses. In this article, we look at the challenges being faced in the UK and Canada in particular, and how disputes can be headed off before they begin.
Incoming EU regulations increase scrutiny on forced labour in supply chains | JD Supra
You are about to deliver the first shipment to a retailer in a lucrative new contract for the tech hardware you sell, when they ask: "Was forced labour used at any stage of the production or shipping of any of these products?" Eyebrows are raised. If you are not already prepared for this question, you will soon need to be. As well as environmental sustainability, social justice is an important part of the ESG picture.
Black Friday is looming: will the limited supply of microchips impact your profit margins? | JD Supra
With Black Friday fast approaching, supply chain disruption and the lack of microchips could be a disaster for retailers. At this time of year, retailers are keen to hit key sales metrics in what is likely to be their most profitable quarter of the year. However, this is going to be much easier said than done. Semiconductor-based microchips are used in a whole host of products, from mobile phones and microwaves to dishwashers and cars.
Five things you can do to prepare for future shocks in your supply chain | JD Supra
November 10, 2022 Tim Constable, Lorna MacFarlane, Ash (Ashley) Morgan Dentons + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Now is the time to assess your supply chain exposure, build your resilience and emerge stronger, whatever the future may hold Residents who live in earthquake-prone areas will know that, in the aftermath of a large quake, one of the most important things they can do is to prepare for the aftershocks that...
Supply chain disruption: is your dispute resolution clause more trouble than it's worth? | JD Supra
October 28, 2022 Tim Constable, Ash (Ashley) Morgan, Sarah Rutnah Dentons + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: A well-drafted dispute resolution clause can lead business partners down the road to resolution rather than conflict, but if that road is not well-marked, you may find yourself lost in even more difficult terrain. It is approaching midnight in a stuffy conference room.
Fight or flight: when is a supply chain dispute worth pursuing? | JD Supra
July 6, 2022 To embed, copy and paste the code into your website or blog: [co-author: Ollie Beel]* Russia's invasion of Ukraine continues to cause havoc for supply chains worldwide, both directly (through sanctions or the war making business impossible), or indirectly (through the economic turmoil that ensues). From a contractual perspective, this can cause unfulfilled obligations, resulting in an increased likelihood of disputes arising.
Supply chain disruption: if you can't pick your battles, pick your battleground | JD Supra
It may not be the most likely place to look for business advice, but the 2010 reboot of Karate Kid contains some wise words (courtesy of Jackie Chan's enigmatic Mr Han) for those grappling with disruption in their supply chain: "The best fights are the ones we avoid." If a little commercial flexibility can head off a potentially costly and time-consuming conflict, this will usually be the most prudent course of action, bearing in mind that most cases that proceed to litigation ultimately end...
Supply chain disruption: do Russian sanctions amount to force majeure? | JD Supra
As the UK and EU continue to expand their sanctions lists, a recent English Court of Appeal decision provides comfort to businesses trying to understand how international sanctions regimes affect their supply and sales contracts. As many businesses did when COVID-19 prevented them from operating, shipping provider MUR looked to its force majeure clause.
Supply chain concerns: Lithuania | JD Supra
Global supply chains are operating in an increasingly pressured and regulated environment. In this note, we discuss the unique challenges currently faced by entities based in, or with interests in, Lithuania and the impact of these challenges on global supply chains. A recently-opened Taiwanese Representative Office has impacted Lithuania's trade relationship with China, which has had knock-on effects on supply chains intersecting with interests in the country.
Are cryptocurrencies a valid form of security? Tulip Trading Ltd v. Bitcoin Association for BSV & Ors considers this issue | JD Supra
What were the key issues in this case? This case is worthy of attention for two main reasons. First, it provides a useful reminder of the legal principles applicable to posting security. The second, controversial aspect of this case concerns the proposed form of security – a cryptocurrency. Was the court prepared to accept this? What were the facts? In 2021, Tulip Trading Limited, a Seychelles registered company, issued proceedings against multiple software developers.
Supply chain disruption: are contractual disputes just an "ever given"? | JD Supra
Whether it is queuing for hours to fill up cars with petrol, consumer fears over potential Christmas turkey shortages, or watching the Egyptian authorities attempt to free the Ever Given container ship blocking the Suez Canal, recent events have brought the fragile nature of local and global supply chains to the forefront of the public's mind.
Know your limits: can you rely on your exclusion clause? | JD Supra
A recent Supreme Court judgment is the latest in a spate of decisions that address the often problematic area of exclusion and limitation of liability clauses. In this insight, we highlight three practical questions that you should be asking of your clauses. 1. Have you done enough to bring the clause to the other party's attention?
Challenges on the Horizon for International Franchising Post COVID-19 | JD Supra
The impact of COVID-19 has touched every business, franchise and industry. This new landscape has forced franchisors and franchisees to work together to adapt. As anticipation for the availability of mass vaccination programmes grows, franchisors are now in a position to look ahead to consider their future in a post-COVID-19 landscape. This article will consider the potential challenges on the horizon for international franchising as we look ahead to a post-COVID-19 world.
The impact of COVID-19 on litigation across Europe | JD Supra
COVID-19 has had a significant impact on litigation across Europe. The pandemic has disrupted the management of judicial activities, as well as most contractual relationships. As a result, since the beginning of 2020, national governments and courts have had to find creative solutions to contain the spread of the disease and avoid a devastating failure of the economic and judicial system. 1.
The practical implications of Practice Direction 57AC for litigators | JD Supra
From April 2021, the way litigators prepare witness statements for trials in the Business and Property Courts will change, with new rules set out in Practice Direction 57AC (PD 57AC). PD 57AC also refers to the guidance in Statement of Best Practice appended. We explore the key changes below. Does PD 57AC apply to my cases? PD 57AC applies to witness statements signed on or after 6 April 2021 for use in trials in the Business and Property Courts (although there are some exceptions).
Proceedings against defendants in EU member states – the case for starting court claims before the end of 2020 | JD Supra
As we approach the end of the Brexit transition period on 31 December 2020, uncertainty remains as to what replacement regime (if any) will be available for cross-border recognition and enforcement of judgments. The enforcement process may well depend on whether proceedings are commenced before or after the end of the transition period.
New UK guidance on responsible contractual behaviour | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Blind bidding – the next logical step in remote mediation | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Retention of title: a practical response to COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
If you refuse to engage in alternative dispute resolution, you do so at your own peril | Lexology
The High Court gives a helpful reminder of the cost sanctions imposed on parties that refuse to engage in Alternative Dispute Resolution (ADR), including mediation, when they think their defence is solid. In DSN v.
Covid-19: implications for commercial contracts | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Clarification on the evaluation of damages in a professional negligence claim for loss of chance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Hard Brexit: disputes in the food and drink industry | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Court of Appeal Dreamvar and P&P | JD Supra
When a villain impersonates a property owner and runs off with the purchase money, which honest party should be liable for the loss: the true owner of the property, the seller's solicitor, the estate agent, the buyer's solicitor or the buyer? This was the question for the Court of Appeal in the long-awaited decision of Dreamvar (UK) Limited v. (1) Mishcon de Reya and (2) Mary Monson solicitors and P&P Properties Limited v. Owen White and Caitlin.
Goodbye to the kitchen sink approach? New disclosure rules in the offing
The current disclosure regime has been ripe for improvement for some time. Despite the amendments to Part 31 of the Civil Produce Rules in 2013, which saw the introduction of a menu of different disclosure options, the default position in practice still remains standard disclosure. Standard disclosure is often a costly exercise. The scale of documents that parties have to search for and review can frequently be vast.
‘Road with a view!’ by Tim Constable
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The High Court of Justice hands down judgment on professional negligence in tax avoidance schemes
The High Court of Justice (in the case of Halsall and others v. Champion Consulting Ltd and others [2017] EWHC) has handed down judgment in a professional negligence claim arising out of failed tax avoidance schemes. HHJ Moulder found the tax adviser defendants to be negligent, but nevertheless ruled that, on the facts of the case, the claims were time barred. This article summarises the professional negligence findings and concentrates on the limitation arguments.
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