Bribery Act to come into force in April 2011 - time to take action

The provisions of the Bribery Act come into force in April 2011. Organisations which fail to implement a programme to prevent bribery could be hit with an unlimited fine and serious reputational damage.

The Companies Act 2006 and directors' duties

We should remind ourselves that being a company director is a wonderful thing for the person who is a company director.

Court of Appeal brings some clarity to part 36

Part 36 offers are one of the most important tactical steps which parties (claimant or defendant) can take during a dispute. They provide a means of putting pressure on an opponent to settle a case or face potential costs and interest consequences.

Before you charge in - part 6. Dispute resolution clauses – one size does not fit all

In this the sixth part of our 'before you charge in' series, we set out the broad features of the main dispute resolution methods and the situations in which they may be appropriate.

Failure to settle can have significant costs consequences

Failure to make settlement offers or negotiate with an opponent at an appropriate time in the proceedings can lead to the defaulting party being penalised in costs.

Tomlin schedule not variable

In the case of Community Care North East v Durham County Council, Ramsey J held that the court did not have the power to vary terms within a schedule to a Tomlin Order.

Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

Before you charge in - part 5. When and how to challenge public procurement contracts

When you bid for a public contract, what can you do if the rules have been breached? 

Common sense interpretation of Part 36 offers

In any litigation, considering offers of settlement is crucial. If you make an offer under part 36 of the Civil Procedure Rules and your opponent does not accept it but then fails to obtain a more (or equally) advantageous outcome at trial, you are likely to be awarded your costs.

Before you charge in - part 4. Limitation - is the clock ticking?

The question of limitation is relevant to all legal disputes. If the rules on limitation are not followed, a party who has suffered a wrong at the hands of another may be time-barred from seeking a remedy.

The Bribery Bill

Major changes to UK law governing bribery are afoot. A draft bill is expected to receive Royal Assent before the next general election, with general offences coming into force in June 2010.

Limiting the spread of contamination... and its legal consequences

Most people are aware that it's a criminal offence to cause or knowingly permit pollution to occur. But it's not just a prosecution by the Environment Agency that companies need to be concerned about.

Before you charge in - part 3. Entire agreement clauses - how effective are they?

When negotiating a contract, should you be including an entire agreement clause? If so, how do you make sure it does what you want it to?

Before you charge in - part 2. Governing law and jurisdiction - how to save yourself a headache at the outset

Any contract of substance, and certainly one with an international element, should contain both a governing law and a jurisdiction clause. Consider the following tips on what to think about when drafting these clauses.

Before you charge in - part 1. Commercial agents - the essentials and what happens upon termination

In this alert, Wragge & Co's dispute resolution experts set out some of the essential terms of commercial agents' contracts in the European Economic Area (EEA), focusing particularly upon the UK.

Lord Justice Jackson publishes final report on civil litigation costs

Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

A guide to health, safety and other prosecution risks - part 14. What will the future look like?

If only we knew for sure! What we do know is that in the area of regulatory enforcement the last couple of years have brought great changes – new legislation, new case law and a new political emphasis. This trend is set to continue.

A guide to health, safety and other prosecution risks - part 13. PACE interviews - a word of caution

Following an incident, if the regulator believes an offence has been committed, a request for an interview under caution pursuant to the provisions of the Police and Criminal Evidence Act 1984, often referred to as a "PACE interview" may be made.

A guide to health, safety and other prosecution risks - part 12. When the summons hits the fan....

Accidents happen: it's a fact of life and business. No matter what an organisation does to prevent an accident, or to deal with the aftermath to prevent a re-occurrence, there may be situations where a prosecution will still be brought.

A guide to health, safety and other prosecution risks - part 11. There's a rat in the kitchen, what am I gonna do?

Any business involved in the manufacture, preparation, storage, service or sale of food, even if only in the staff canteen, needs to be aware of and deal with the vast array of regulation with which it is required to comply.

A guide to health, safety and other prosecution risks - part 10. ...as we protect those who trespass against us...

To what extent do trespassers need to be warned, protected, or prevented from coming onto property that might cause them harm?

A guide to health, safety and other prosecution risks - part 9. Driving in the course of employment - are you in the driving seat?

Approximately 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving or otherwise using the road for work purposes.

A guide to health, safety and other prosecution risks - part 8. Total recall - dealing with a defective product

Wragge & Co's health and safety experts pose some essential questions for producers and/or distributors to consider and suggest some steps to take should a risk to consumers arise.

A guide to health, safety and other prosecution risks - part 7. Fit for work: the impact of 'fit note' proposals upon accidents in the workplace

172 million days were lost in 2007 due to sickness absence in the UK - equating to about 2.6% of working time. Of those days, 34 million were lost due to work-related illness.

A guide to health, safety and other prosecution risks - part 6. Guilty without trial: the scourge of Enforcement Notices

The possibility of a prosecution for breach of regulations is at the forefront of every employer's mind when under investigation.

Where litigation meets arbitration: freezing legal proceedings

The High Court has held that it has no power under section 33(2) of the Supreme Court Act 1981 or rule 31.16 of the Civil Procedure Rules to grant pre action disclosure where the relevant agreement between the parties was subject to an arbitration clause.

Arbitration agreements - wording required to exclude a right of appeal on a point of law

A recent decision in the Commercial Court considered the extent to which the words "final, conclusive and binding" can be construed as excluding a right of appeal on a point of law under section 69 of the Arbitration Act 1996 ("the 1996 Act").

A guide to health, safety and other prosecution risks - part 5. Pollution - spills do not lead to thrills

Pollution can arise from the most innocuous of situations and strike without any warning. The consequences can be severe, not just for the environment and any creatures or habitat affected by the pollution, but also for those found to be responsible.

A guide to health, safety and other prosecution risks - part 4. Accident investigation - learning from the error of your ways

We all know that accidents do happen from time to time. Immediately after an accident or near miss there is a perfectly natural desire to understand what happened, why and how it can be prevented from happening again.

Supreme Court replaces House of Lords: practical points to note

On 1 October 2009 the Supreme Court will assume the judicial role of the House of Lords. New rules governing the practice and procedure to be followed in the Supreme Court have been published in the Supreme Court Rules 2009.

A guide to health, safety and other prosecution risks - part 3. An inspector calls....HELP!

The Health and Safety Executive (HSE), local authority or environment agency can turn up at your premises at any time. Following a report of an incident or accident, you can expect a regulator/authority visit – and the police if there has been a fatality.

A guide to health, safety and other prosecution risks - part 2. The Grim Reaper - points to consider when an accident has fatal consequences

Let's put this in perspective. Fatal accidents in the workplace are rare - 180 in Great Britain in 2008/9 and most arise in agriculture and construction. Because they are uncommon, and unexpected, organisations are often not sure how to respond.

A guide to health, safety and other prosecution risks - part 1. The blame game - personal liability of directors and officers

Corporate offences are usually strict liability. This means there is no need for the prosecutor to prove that the offence was committed deliberately or even negligently.

A stitch in time saves a custodial sentence and an unlimited fine: analysing the draft Bribery Bill

If measures proposed by the UK Government in its draft Bribery Bill come into force, a failure to put in place a programme to prevent bribery could land an organisation unlimited fines, reputational damage and individuals with a 10 year prison sentence.

Costs penalty follows withdrawal from mediation

Mediation and other forms of alternative dispute resolution are now part and parcel of the dispute resolution landscape with the courts keen to ensure that litigation is very much seen as a last resort.

The pros and cons of different methods of dispute resolution: a run round the bay

With a plethora of dispute resolution methods available, selecting the right one can be difficult and the implications may be significant.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Litigation survival guide - part 17. Keeping your settlement confidential

You've reached a compromise, avoided the public arena of a trial and the potentially unwanted publicity that can go with it, and are happy with the terms of settlement negotiated.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Litigation survival guide - part 12. Meeting your disclosure obligations

Disclosure is an integral and essential part of the litigation process.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Investment funds - surviving the downturn: avoiding claims and knowing how to deal with them if they arise

The credit crunch has had a grim and unsparing impact upon most markets. Asset prices and investment returns have fallen globally - albeit some markets and products have been affected more (or less) severely than others.

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

London calling? - ECJ judgment delivered in West Tankers

The European Court of Justice has now delivered its decision in Allianz SpA v West Tankers Inc. It endorses the Advocate-General's Opinion.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Waiving goodbye to a 'no-waiver clause'?

A party with the right to terminate an agreement for the other party's breach can lose that right even if that agreement contains a "no-waiver clause".

Research & Development tax credits - can you make or defend a claim?

The Research & Development (R&D) tax credits help companies to invest more in R&D either by reducing a company's tax bill or, for some loss-making small or medium sized companies (SMEs), by providing a cash sum.

Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain

Surviving the economic downturn is not just about looking after your own business. Monitoring the performance of significant customers/suppliers can be crucial to your financial performance.

Dealing with Madoff

The publicity surrounding the Madoff scandal is set to increase. With the Serious Fraud Office investigation now underway in the UK, it is increasingly likely that investors will seek to recover their losses from financial institutions.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

Letters of Request: obtaining evidence in England and Wales

Do you need to obtain oral or documentary evidence from a company or an individual in England or Wales? Do you know what sorts of evidence you can obtain? Can you force a witness to answer your questions? Having trouble finding a witness?

Causing death by careless driving

One of the aims of the Road Safety Act 2006 is to make roads safer and reduce the number of accidents by discouraging dangerous driving behaviour.

Arbitration Agreements - are they as secure as you think they are?

Much is often made about arbitration as a preferable alternative to litigation as a form of dispute resolution. Its confidentiality, its flexibility and the relative ease with which arbitration awards can be enforced abroad are some of the cited benefits.

Escaping the abyss: How the court decides costs and the importance of making and accepting reasonable offers of settlement

A recent judgment has clarified that "winner takes all" no longer applies to recovery of costs in litigation. The formula to be used by trial judges in deciding the most appropriate costs order is now much more complicated.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Arbitration appeals - (how to avoid) washing your dirty laundry in public

One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.

All signs point in one direction - mediation

Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.

Expert determination: court refuses escape route from a final and binding decision

An important decision this week in Owen Pell Limited v Bindi (London) Limited has confirmed that where parties contract to allow an expert to determine an issue, then the courts will be extremely reluctant to interfere with the expert's finding.

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

Two important issues affecting you

Our legal experts tackle two important issues concerning arbitration and exclusion clauses. Can you afford not to read on?

To waive (privilege) or not to waive? - that is the question

Wragge & Co's legal experts provide action and analysis on the costs consequences of unreasonable behaviour at a mediation and the potential automatic waiving of privilege in a document mentioned in a witness statement.

Snooper's charter and privilege

Did you know the public can access your court documents including those lodged in judicial review proceedings or the Employment Tribunal?

How to execute a document after 6 April 2008

Further sections of the Companies Act 2006 come into force on 6 April 2008, permitting the execution of a document by the signature of just one director. Read our expert advice and analysis.

Reputation, reputation, reputation

If the latest proposals by the Sentencing Advisory Panel are adopted as currently seems likely, organisations convicted of corporate manslaughter after 6 April 2008 could face a potential PR disaster.

Let's get ready to rumble - Important changes in Commercial Court practice from February 2008

Rome II - Thinking ahead

Corporate manslaughter - time to get cracking

The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force on 6 April 2008. Thinking you have plenty of time to assess its impact and take appropriate steps is likely to put your organisation at serious risk.

Recovering the cost of mediation