Articles by ‘Nicola Radcliffe’

The risk of facing cost consequences has long been a deterrent to parties who are considering refusing an offer by their opponent to attempt Alternative Dispute Resolution (ADR) to settle their dispute. A new decision by Master O’Hare in Reid v Buckinghamshire Healthcare NHS Trust has now further extended the court’s powers to impose cost sanctions on unsuccessful parties who are found to have unreasonably refused such an offer.

Following this decision, Nicola Cutler looks at the impact this may have on mediation and the ADR landscape going forward.

Back in the office and ready for whatever the new year has to bring, solicitor Nicola Cutler looks back at 2015 and what we can expect in 2016 in the world of corporate and individual insolvency. There have been some significant decisions and changes affecting businesses big and small.

Proportionality has been the buzzword in civil litigation since sweeping changes to the rules surrounding costs were introduced in April 2013. As well as introducing costs budgeting, judges are now required to give consideration to whether legal costs incurred are “proportionate” to the claim.

But does proportionality trump reasonableness and requirement? Nicola Cutler, solicitor in our Dispute Resolution team, looks at a recent case which is intended to provide some more guidance.

Contracts between commercial entitles are intended to guide the parties through their relationship and assist with resolving disputes if they arise. However, a dispute may arise from the interpretation of the contract itself, if it is unclear how a term should be applied in the circumstances that have come about.

As of 1 October 2015, it is no longer possible to petition for an individual’s bankruptcy unless they owe a single creditor £5,000 or more. Nicola Cutler, solicitor in our Dispute Resolution team, looks at the options for small business creditors.

The High Court has announced plans for shorter trials and flexible trials pilot schemes, due to commence in the autumn, aimed at cutting down and streamlining lengthy commercial litigation cases. Nicola Cutler looks at the proposals.

The Civil Justice Council (CJC), the government body responsible for reform and modernisation of the court system has announced plans for an online dispute resolution service to settle civil claims without traditional court proceedings. The plans for an online court similar to the disagreement resolution service operated by online marketplace eBay aims to keep the costs of litigation proportionate and minimise the use of court resources.

As the year draws to a close Nicola Cutler looks back on the year’s key cases in Professional Negligence.

A London casino successfully claimed losses from a bank who provided a negligent reference for a new customer. When the customer disappeared without a trace the casino turned to the bank to recover its losses.

A firm of solicitors who admitted negligence in advising a client on the purchase of £3.5 million yacht get away with paying only minimal damages to their client.

If your business has been offered redress by your bank for a missold swap or complex interest rate hedging product it’s important to take advice on whether you could be entitled to more.

Nicola Cutler, solicitor in our Dispute Resolution team, gives her top five tips for directors to minimise the risk of corporate insolvency.