Mark specialises in dealing with complex contractual disputes, procurement challenges and IT disputes as well as disputes in the public sector including judicial reviews.
This is the second article in a series examining professional negligence claims.
When an employment (or other contractual relationship) comes to an end, the potential mis-use of confidential information and/or the loss of client relationships can give rise to harsh, and potentially very costly, consequences for the business. This is a particularly important consideration for financial advisory firms, professional services firms and business acquirers, where the preservation of client relationships is key.
If a dispute arises and litigation proceedings are commenced, the Court adopts an 'all the cards on the table' approach to the resolution of the dispute.
A contract will generally contain express terms that have been agreed between the parties (either in writing or orally, or both), together with any additional terms that have not been expressly agreed between the parties but which are found by the Court to be part of the contract. These are known as 'implied terms'.
When a commercial dispute arises, the parties will be encouraged by their lawyers and the Court to reach a mutually acceptable compromise of that dispute. Such a settlement is no less final and binding than if the parties had asked the Court to determine the dispute for them, unless the terms of the compromise are unrecorded, unclear or ambiguous (or the settlement is deliberately partial or conditional).
For both banks who provide and borrowers who take out loan facilities, a recent case highlights the need for any discussions regarding the repayment of the loan or any other variation of the terms of the facility to form part of an express agreement. This should be recorded in writing if possible.
In this article we explore the background to the case and summarise the Court's decision.
Business is increasingly conducted online and electronically. When disputes arise, emails and other electronic documents are often crucial.
What rights do you have when the auditors or solicitors of your business have made a mistake which has caused the business to incur a loss? What if the business has loaned money on the basis of a valuation which transpires to be grossly over-inflated? In situations such as these, you may be able to bring a claim in professional negligence.
Here, we outline the basic requirements to bring a successful claim against a professional for failing to perform his or her duties to a required standard.