In order for a contract to exist in law, it must be shown that there has been an offer, an acceptance of that offer, consideration and an intention to create legal relations. If one of these essential elements are missing, the law will not recognise that a valid contract has been created.

Lee Fisher, a partner in Morgan Cole’s Dispute Management team, considers alternative methods of funding commercial litigation and the potential impact of the recent Review of Civil Litigation Costs by Lord Justice Jackson.

A refreshingly different approach to litigation

Part of a series of briefings, setting out the updates in the law governing anti-social behaviour, recovery of rent, homelessness and social housing.

The digital age is proving difficult for the legal profession, no sooner have we mastered e-conveyancing than the panoptic world-wide-web throws up yet another challenge necessitating discussion, regulation and formalisation.

Research released this month from Natwest and RBS revealed that nearly three quarters of SMEs have suffered from the late payment of debts over the last 12 months, and yet less than half of these SMEs have taken steps to address this problem.

On 14 January 2010 Lord Justice Jackson published his final report following his year long review of civil litigation costs. Since the publication of the report Lord Justice Jackson has been asked to perform, and indeed has accepted, a major role in the implementation of his recommendations. Whilst many of the recommendations will require primary legislation which may prove difficult in election year, it is likely that the majority of the recommendations will be implemented.

The first of a series of briefings reviewing recent legal decisions which impact on tenant management issues in the social housing sector

There has been much debate in recent years over the privileged or confidential nature of mediation appointments and recent case decisions have affected the way that both the parties and the mediators themselves approach mediation.

In September 2009, Sir Roger Singleton, the Chief Adviser on the Safety of Children and Chair of the Independent Safeguarding Authority (ISA), was asked by Children’s Secretary, Ed Balls, to check that the ‘frequent’ and ‘intensive’ principles used to define who is covered by the Vetting and Barring Scheme (“the Scheme”) were appropriate for real life situations.

It has been recognised for many years that doing business with parties in another country can create jurisdictional problems should a dispute arise. The ever increasing growth in cross jurisdictional commercial transactions, particularly of an e-commerce nature, requires thorough consideration as to where any dispute would be resolved.

Protestors demonstrating about a course of action taken by an organisation, or about treatment received by a patient, are just two examples of situations in which protestors can cause widespread disruption and affect the successful running of the organisation involved.

Morgan Cole has advised various NHS bodies in relation to disputes which have been referred to the National Assembly for Wales to be decided under the NHS Dispute Resolution Procedure (“the Procedure”).