Wrigley Claydon Solicitors

Category: Litigation & Disputes

  • Phone-hacking allegations against both The Sun and the now defunct News Of The World are due to be heard at the High Court.

    Phone-hacking allegations against both The Sun and the now defunct News Of The World are due to be heard at the High Court.

    The latest round of the long-running litigation involves four individuals – including comedian Vic Reeves, and Coronation Street actor Jimmi Harkishin.

    The others are TV presenter Kate Thornton and talent manager Chris Herbert.
    They allege they were the victims of unlawful information gathering by News Group Newspapers (NGN), resulting in 79 disputed articles.

    The trial in London, before Mr Justice Mann, is expected to last at least four weeks.
    It is only concerned with the disputed issue of liability.

    The four individual claims are likely to be heard first with the “generic” case to follow.

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Hit and Run

    If you have suffered a personal injury following a collision with a vehicle and the driver does not stop or leaves the scene quickly – you can still claim compensation for your injuries. Such incidents are known as “Hit and Run” cases.

    The Motor Insurers Bureau (MIB) is a non-profit organisation that was set up and is funded by UK insurers specifically for the purpose of helping hit and run accident victims.

    The MIB will deal with your claim but subject to very strict criteria.

    At Wrigley Claydon, we have over 30 years’ experience of helping our clients receive the compensation they deserve following accidents where they have suffered personal injury or financial loss. Call Shalish Mehta in our Personal Injury department on 0161 624 6811 or email sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Government consultation paper plans to protect consumers from unresolved debts

    A government consultation paper plans to protect consumers from unresolved debts stemming from unfair county court judgments (CCJs) in a move to tackle concerns about ‘rogue companies’ such as parking enforcement businesses.

    Concerns were raised that some companies are deliberately sending claims to incorrect addresses.
    This can severely impact credit ratings and the issue may come to light only years later when an application for a mortgage or loan is rejected.

    Proposals include:
    • Striking a CCJ from the register immediately once unknown debts are resolved and a judge agrees the person was unaware
    • Protecting consumers who do not receive mail because it is sent to an old address
    • A government information campaign providing a ‘centralised, trusted source’ to raise awareness and help people deal with unresolved debts.

    Justice minister Dominic Raab said: ‘Debts should be paid, not exploited by a minority of cowboys who need reining in.’
    Over the past four years, the number of CCJs has risen by almost two thirds (59%), with more than one million issued in 2016.

    The government is also considering standardised practice across parking companies, eliminating unfair charges and reducing the instances of claims where the consumer may be unaware of a parking charge being applied.

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
  • Litigant in person to get second chance in court

    Litigant in person to get second chance in court

    The High Court has dismissed an attempt to stop a former litigant in person getting a second chance at making their claim after the first was struck out due to a technicality.

    Philip Davies is pursuing the second action against a company of boiler installers after his first attempt was struck out due to him failing to meet the court’s unless order.

    The defendants applied to have the second action struck out on the basis that the claimant was guilty of an abuse of process given his failure to advance the original claim.

    The case is another example where the courts are attempting to grapple with issues arising from people representing themselves. It is thought that judges are minded to give litigants in person a little more leeway in compliance with rules and procedure, while trying not to interfere with court processes.

    The Judge said that the Claimant, who was a litigant in person when the first claim failed, had not shown a ‘wholesale disregard’ of the civil procedure rules and it had been struck out for a technical problem rather than an inordinate or serious delay.

    Litigant in person

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.

  • Victory in Lego copyright case

    Lego says it has won a landmark copyright case in China against rival products almost identical to its famous toy bricks.

    It is the first time Lego has won a competition case against Chinese copycat products. The victory follows an earlier court ruling that Lego’s name and logo are well-known trademarks in China.

    Firms making copycat versions have been a big problem for Lego as some of them are so convincing even Lego’s China boss could not tell them apart when tested by the BBC earlier this year.

    Copyright solicitor

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to Shalish Mehta, our copyright solicitor. Please call us on 0161 624 6811 or email sm@wrigleyclaydon.com.
  • Late Payment of Commercial Debts

    Late Payment of Commercial Debts

    What type of firms can I apply the late payment legislation to?

    The legal status of the business you are seeking to claim interest from is irrelevant. It can be a sole proprietor, partnership or limited liability company. However you cannot apply the late payment legislation to personal debt.

    What if a customer has more than one overdue invoice? How do I claim these multiple
    debts?

    If each invoice relates to a separate order for goods or services, then you are entitled to claim interest and compensation on each overdue invoice. The amount of compensation that the legislation states that you can claim for varies with the size of the claim.  Of course you have the option to add together several claims for compensation and late payment interest in one claim. If you do this, you should calculate each individually and set them out in writing so it is clear which claim relates to which order.

    Do I invoice for the interest and compensation?

    You should not issue an invoice for the interest and compensation – you put your claim in writing. Interest accumulates on a daily basis, so the longer the debt is unpaid, the more interest racks up. If your claim for interest remains unpaid, then you need to contact the customer again to chase, explaining that interest is continuing to accrue.

    Can I claim compensation for debt recovery costs and VAT, as well as late payment
    interest?

    The right to compensation for debt recovery costs was introduced for contracts dated on or after 7 August 2002. This can be claimed alongside the statutory late payment interest. Businesses are entitled to claim compensation when a debt remains unpaid after the date specified on the contract, or in the absence of a contract, 30 days after the delivery of the goods or service. The claim for compensation is made to the debtor, together with the claim for interest. Please note that businesses with their own contract terms for late payment interest forfeit their right to use the late payment legislation.

    In March 2013, the revised legislation entitles creditors to claim further recovery costs on top of the interest and compensation. For example, the cost of using a solicitor or debt recovery business can be added to the claim.

    How do I deal with collecting late payment interest when the invoice has been partially
    settled?

    In legal terms, interest continues at the ‘daily rate’ on the whole of the outstanding debt. Charging interest is designed to be a spur to payment. You should use the interest charge to encourage the debtor to pay on time i.e. explain to the debtor that they can avoid these extra costs if he/she pays according to terms.

    Do I have to notify a customer of my intention to charge late payment interest and debt
    recovery costs?

    It is not necessary for a customer to have been notified in advance of the intention to charge late payment interest and compensation and you do not have to refer to it in your contract.

    Should I sue for late payment interest?

    It is important to note that you do not need to go to court to claim late payment interest and debt recovery costs. You have a statutory right to both and these should be paid with the principal sum by the debtor.

    It may not be necessary at this stage to threaten your debtor with Court action, as that may be enough to prompt your debtor into responding to your calls and hopefully paying your invoice. It is advisable that you think carefully before deciding to pursue the debt through the court and that you speak with us.

    A customer is refusing to pay. What should I do?

    If a customer ‘refuses’ to pay you, it is important to establish why, rather than immediately seeking to sue the debtor. It could be that they are disputing the payment, in which case the onus is on you to resolve the dispute.

    You should write to whomever the commercial contract is with to acknowledge the outstanding payment.

    If the customer ignores your letter (which you should chase up with a phone call), has not disputed your invoice and has no justifiable reason for withholding payment, then you should speak to us about recovering the debt through the County Court.

    If a judgement is obtained, it may be necessary to take some enforcement action. Such action may include an application for an order to obtain information from a judgement debtor, a third party debt order, or instructing the Court Bailiff or the Sheriff.

    An order to obtain information from a judgement debtor brings the debtor before the Court to be examined under Oath, by the Court. A third party debt order is a way of obtaining money that is owed to you. If the debtor has money in a bank account, or a building society, the bank or building society can be ordered to pay the money over.

    Commercial debt

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call our commercial debt solicitor, Shalish Mehta, in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.
  • Litigation case drags on for 17 years as two sides refuse to cooperate

    Litigation case drags on for 17 years as two sides refuse to cooperate

    High Court judge Mr Justice Fraser has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.

    He said both sides in Bates & Ors v Post Office Ltd had rebuffed efforts to manage the case in a cost-effective and efficient way.

    The case involves sub-post masters pursuing action against the Post Office. The claimant group is seeking damages related to the introduction of an electronic system around 17 years ago, which allegedly caused financial distress and in some cases bankruptcy.

    Some of the issues reported during the litigation included:

    • Failing to respond to directions for two months
    • Failing to even consider e-disclosure questionnaires
    • Failing to lodge required documents with the court
    • Refusing to disclose obviously relevant documents
    • Threatening ‘pointless’ interlocutory skirmishes.

    At the case management conference, the claimants sought a substantive hearing for October 2018, while the defendants argued the case could be managed for another entire year without any substantive hearing being fixed. Under this proposal, the hearing would not happen until at least 2019.

    The day after trial was ordered for November 2018, leading counsel for the defendant wrote to ask that it be moved as he already had a hearing at the Companies Court. The judge suggested it was a ‘clear case of the tail wagging the dog’ if barristers’ clerks were allowed to dictate hearing dates, and he said there was reasonable notice to arrange for a replacement counsel.

    Business litigation solicitors

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.

  • High Court battle for Monarch Airlines slots

    Monarch Airlines has lost its High Court battle against Airport Co-ordination Limited’s (“ACL”) decision not to allocate certain take-off and landing slots to Monarch for next summer.

    Monarch wanted to exchange with other carriers to raise cash for creditors. The slots cover Manchester, Gatwick, Birmingham, Luton and Leeds-Bradford airports.

    The airline ceased trading last month and its administrators called the slots its “most valuable asset”.

    ACL which allocates 39 airports’ slots accepted that Monarch would have received some of them if it had not gone into administration.

    Wizz Air and EasyJet are among airlines who are interested in acquiring them.

    Judges rejected Monarch’s claim that ACL was under a duty to allocate the summer 2018 slots to it “by reason of historical precedence” and said they should be placed in the slot pool.

    Administrator KPMG said it would seek to appeal the High Court decision.

    Dispute solicitors

    Suffering a financial or contractual dispute can have serious implications on your business. Our dispute solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.
  • Legal dispute to lower online age of consent

    Legal dispute to lower online age of consent

    A proposal to make 13 the age of consent for signing up to online services such as social media platforms has come under fire in parliament. The House of Lords was holding its first debate on the Data Protection Bill, to ensure that the UK’s data protection regime aligns with that of the EU following Brexit.

    Lady Lane-Fox of Soho, former web entrepreneur of Lastminute.com Martha Lane Fox, confessed she found it ’incredibly hard to read and even harder to understand’.

    Opponents were also highly critical of the bill’s proposal that the age at which a child can consent to their data being processed online be set at 13, saying it would almost certainly be illegal under the UN Convention on the Rights of the Child.

    Legal dispute

    Suffering a financial, contractual or legal dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 785 3534 or email sm@wrigleyclaydon.com.
  • Flexible operating hours pilot scheme for UK courts

    Flexible operating hours pilot scheme for UK courts

    Detailed plans for the flexible operating hours scheme have been published, as the Government continues with plans to change how courts work.

    The pilot scheme, which will be held in 11 courtrooms in England and Wales, is intended to create a system where people work different, but not extended, hours.

    HM Courts and Tribunals Service says it will not expect any individual, to work for more hours in a day than they currently do.

    At Manchester County Court, the proposal is to run an additional half-day either before or after the current court day. Listings will vary over the 12-week period but will start on some days at 8am and finish on others at 8pm. Early sessions are limited to warrant suspensions, civil applications of less than 30 minutes, and adjourned possession work. Later sessions involve small claims, telephone case management hearings and civil applications lasting less than an hour.

    Civil court solicitor

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 785 3534 or email sm@wrigleyclaydon.com.