Litigation Trends That We Are Likely to See In 2021

Introduction We have all witnessed, in some form, the tumultuous way in which 2020 has changed the world. The legal world, which is a sector historically reluctant to change, has seen unprecedented changes to the way in which it operates, and we hope it continues to embrace these changes. How will affect you? Specifically, there […]

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Issues to consider for your tech business before post Brexit

As the UK prepares for Brexit with the transition period due to end on 31 December 2020, it is an important time for businesses operating in the tech sector. Trade agreement or not there will be significant changes.  From 1 January 2021, it is vital that businesses have knowledge of how new regulations may affect their […]

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ICO Fines British Airways £20 million for Data Breach

Following a major data breach, which affected 400,000 customers, the Information Commissioners Office has imposed a fine of £20 million on British Airways. This is one of the highest recorded fines in the United Kingdom to date for a data breach. The ICO announced in the summer of 2019 that it would be imposing a […]

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Simplifying subject access requests – new detailed SARs guidance

All individuals have the right to ask an organisation how they are using or storing their personal information. Individuals can also ask organisations for copies of the personal information that they hold, either verbally or in writing. This is known as the right of access and is commonly known as making a subject access request […]

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Trademarks update: the implications of Sky v SkyKick

A story of David and Goliath ? Sky face a 1.5 million costs order for pursuing another brand for IP infringement. A recent ruling, this Summer, resulted in a High Court judge ordering “the overall winners” of an ongoing dispute over trademark rights to pay the other parties legal costs which totalled in excess of £1.5 […]

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Zoombombing the pro and cons of technology

As agile tech enabled companies now work more frequently remotely , like ACLF , we have become more reliant on video communications such as zoom. We at ACLF take client privacy very seriously and our data protection and cyber security policies have always been at the forefront of our minds. As such with this new […]

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Are the courts operating during lockdown?

Further to the Lord Chief Justice’s announcement on 23 March 2020 as to how the courts will operate during these times, HM Courts and Tribunal Service published a list of priority county court work on 31 March 2020 to ensure the courts continue to operate to provide justice whilst bearing in mind the public’s safety […]

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How Emojis Are Creeping Into The Courtroom

Jurisdictions around the world are starting to recognise that the law must evolve in conjuncture with language and digital communication. Until now, courts have traditionally relied on hard evidence such as documents, words, audio and video recordings as evidence. However, the strong influence of popular culture and widespread use of Emoji as an enhancement to […]

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I am business owner forced into litigation by the wrongdoing of another – can I recover damages for lost staff time?

Potentially. Where staff must be diverted from their usual tasks, damages for significant disruption caused to the business may be recoverable. This must not be confused with time spent by your staff preparing for court proceedings. Damages for business disruption will not extend to time “lost” building your case against the Defendant. They are limited […]

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Covertly Recorded Conversations: Family and Child Cases

Separation and custody battles are extremely distressing. Allegations made between the parents can be easily made yet difficult to refute. Perhaps you have a way to prove otherwise though? Ever been tempted to leave your iPad ‘accidentally’ in a room, recording a conversation? Ever wanted to sew recording devices into children’s clothes to record your […]

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Mediation? Is that really necessary?

Not necessarily but be warned! Alternative Dispute Resolution (ADR), mediation being the most well-known example, is now being strongly encouraged by the courts, more than ever before. The rationale is easy to follow. The courts are becoming increasingly burdened by an ever growing number of litigants and ADR, if used properly, increases the chances of […]

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Empty Judgments…insolvent defendant?

Empty Judgments: What to do when faced with an insolvent defendant company. It is a claimant’s nightmare: succeed in obtaining a judgment against a defendant company only to find that the company is insolvent or does not have sufficient means to satisfy the judgment debt. This is what is known as an empty judgment, which […]

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Recovery of pre-action legal costs

“Can I recover my costs from the other side?” This is one of the first questions asked in any dispute in which solicitors are involved and an important consideration when weighing up the commercial viability of pursuing a person for money owed to you. The general rule is that the person against whom judgment is […]

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Recovering Debt

So…You find yourself on the wrong side of an unfortunate business agreement. Money is owed to you.  You try to negotiate, but the other side is either unwilling to be reasonable or even to negotiate at all. As with all legal disputes, prevention is cheaper than the cure. Even with simple debt recovery matters, legal […]

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Enforcement in the EU

Debt Recovery Across EU Borders Is a company that owes you money based in another country in the European Union?  Perhaps an individual debtor has dissipated his assets in England and moved abroad within the EU to frustrate your attempts to enforce locally. Unfortunately, these are not uncommon scenarios that can complicate enforcement to the […]

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Recovering your debt if the debtor is abroad

If you are a creditor you will still be able to recover your debt and the costs are not as prohibitive as you may think. In particular this is easier if the debtor is within an EU country; the country has a reciprocal agreement and/or you have a term in your contract submitting the relationship […]

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Creditor vs. Debtor

Escaping debt if leaving the UK permanently… More and more people are fleeing the UK for many reasons, but one trend appears to be to escape debt. People who have run up credit cards or their businesses have ceased trading or are in substantial debt feel that a fresh start abroad is the solution. However, […]

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Recorded Conversations: Can we use them in court?

In this day and age you can buy recording devices from high street shops to a standard that even MI5 would be proud of. It is surprisingly easy.  However, recording conversations without the participant’s knowledge is essentially considered a breach of that person’s right to privacy.  When the evidence that is recorded is central to […]

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