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Litigation and Dispute Resolution

Hey, WhatsApp! You owe me money! £250,000 demolition contract agreed over WhatsApp

Submitted by jamie.macdonald on Thu, 05/01/2025 - 09:43
Construction worker using mobile

A court has recently confirmed an Adjudicator’s Decision that WhatsApp messages constituted a construction contract, and invoices submitted with reference to them were therefore valid payment notices. 

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Wha’s like us? A guide to handling legal disputes in Scotland

Submitted by snewton on Thu, 04/17/2025 - 08:32
Two people at desk in dispute

Scotland has a unique hybrid legal system, incorporating elements of common law (as practiced by our neighbours in England and Wales) and civil law (influenced by continental European legal scholars, philosophies, and traditions, particularly from the Netherlands and France). The latter is especially apparent in property law, which borrows heavily from rules and principles of Roman law – this is one of the reasons why Scots law remains littered with Latin maxims.

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The parable of the prodigal son; and the pitched battle between the presumption against donation versus the presumption of gift ex pietate

Submitted by jamie.macdonald on Tue, 04/01/2025 - 09:25
paperwork on a table

In this article we examine the recent Glasgow Sheriff Court judgment in Jonathan Russell (as Executor of the late Stuart Russell) & Irene Russell against Rebecca Russell (as Executrix of the late Simon Russell) [2025] SC GLA 19 which concerns a £70,000 payment from father to son and whether that should be treated as a gift, or a r

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Shareholder Privileges: is the relationship between shareholder and company as closely aligned as it once was?

Submitted by jamie.macdonald on Wed, 03/12/2025 - 10:26
Business meeting

In a recent case heard last year, Aabar Holdings SARL v Glencore plc and others [2024], the High Court found that the historic shareholder rule (also “the rule”) does not exist in English law. The rule stipulated that a company cannot assert its right to legal privilege against its own shareholders by withholding from them the disclosure of certain confidential communications or documents. Prior to this judgment, it was thought that shareholders had an entitlement to the disclosure of a company’s privileged documents.

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Georgia Shirreffs

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Litigation funding: Living in self-inflicted interesting times?

Submitted by snewton on Tue, 02/25/2025 - 11:33
Stack of paperwork held together by colourful paper clips next to calculator

May you live in interesting times. 

Members of the litigation funding community could be forgiven for thinking that they were the victims of the apocryphal Chinese curse. 

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Frazer Meldrum

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The cloudy world of "lookalike" products: Thatchers succeed in appeal against Aldi

Submitted by snewton on Mon, 02/17/2025 - 08:32
Man approaching yellow drink cans in supermarket

Background

In 2024, the Intellectual Property Enterprise Court (IPEC) rejected Thatchers’ claim that Aldi had infringed their trade mark in respect of their cloudy lemon cider. The IPEC also rejected Thatchers’ claim under the law of passing off. Our analysis of that case can be found here.

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Is regulation of litigation funding sector inevitable?

Submitted by jamie.macdonald on Mon, 02/10/2025 - 10:00
A stack of paperwork

It is difficult to judge the age of the litigation funding industry in the UK, both because the confidentiality of funding means that it is hard to identify the funded claims, and because of the conceptual issue of how many funded claims it takes to establish an industry.

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The liberalisation of champerty? Not quite.

Submitted by jamie.macdonald on Thu, 02/06/2025 - 11:50
Contract signing

In a rare decision on the law of champerty, the High Court has recently handed down judgment in Tactus Holdings Limited (in admin) v Philip Mark Jordan, considering whether an attempt to assign a claim for breach of warranties by the contractual party to another party is contrary to public policy. 

  • Read more about The liberalisation of champerty? Not quite.

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