Justine is a Solicitor in the Litigation and Dispute Resolution team. Justine deals with various commercial litigation matters such as claims for breach of contract and claims of professional negligence. She is fluent in French.
A recent decision in Sutton Jigsaw Transport Ltd v Sutton Jigsaw Transport Ltd [2013] EWHC 874 (QB) has re-emphasised that a party embroiled in litigation who wishes to accept a Part 36 offer must adhere to the strict rules set down in CPR36 concerning acceptance of a Part 36 offer in order to benefit from its… Learn more
The Council of the European Union has just published a press release confirming that it has adopted a proposed Directive on Alternative Dispute Resolution (“ADR”) as well as a proposed Regulation on online dispute resolution (“ODR”). The press release confirms that on 12 March 2013, the European Parliament voted to support the new legislation proposed… Learn more
I’ve recently written an article, published by Lexis Nexis, on the recent case of Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2013] EWHC 485 (Comm) and the circumstances that the courts will consider when deciding whether to grant an extension of time to a claimant to serve a claim form on a defendant. To read the… Learn more
You will recall my blog back in early January 2012 on this subject, concerning the proposed harmonisation of EU Contract Law. Please refer to: http://mablaw.com/2012/01/proposed-harmonisation-of-eu-contract-law-%e2%80%93-an-update/. Recap The background to the proposed Common European Sales Law (“CESL”) is that the CESL would be an optional law designed to sit alongside a Member State’s already existing domestic… Learn more
You may recall my blog on proposed changes to Late Payments Directive back in September 2010. Please revisit: http://www.mablaw.com/2010/09/european-parliament-and-council-agree-to-changes-to-recast-late-payments-directive/ Summary Back in September 2010, the European Parliament in Brussels issued a press release announcing that the Parliament and Council of the European Union had reached an agreement on implementing new changes to the draft (Recast)… Learn more
The recent case of Williams v Wilmot [2013] WEHC 4077 has highlighted the requirements set out in CPR 39.3(5) which the court will consider upon receipt of an application to set aside a judgment made in a Defendant’s absence. In this case, particular consideration was given to whether a Defendant had established a good reason… Learn more
The recent High Court judgment of Yam Seng Pte Ltd (a company registered in Singapore) v International Trade Corporation Ltd [2013] EWHC 111 (QB) indicates that the UK courts are now willing to imply a duty of good faith in long term commercial contracts, following their European neighbours. Duty of Good Faith – defined Many… Learn more
In Davisons Solicitors v Nationwide Building Society [2012] EWCA Civ 1626, the Court of Appeal has considered whether a firm of solicitors who innocently paid over mortgage monies in anticipation of completion to an imposter, were guilty of breach of trust and, if so, whether they should be relieved of liability under section 61 of the… Learn more
There has been an important judgment in the case of Webb Resolutions Ltd v Waller Needham & Green (a Firm) [2012] EWHC 3529 (Ch). Background The decision follows settlement of a case concerning a professional negligence matter where the claimant, a mortgage lender, was claiming negligence against the defendant firm of solicitors, in connection with… Learn more
In Smith v Trafford Housing Trust [2012] EWHC 3320 (Ch), the High Court has considered whether it was “unjust” to award costs against a claimant who had failed to beat a defendant’s Part 36 offer. Background Mr Smith, the claimant in this matter, successfully sued his employer, The Trafford Housing Trust (the “Trust”) following a finding of gross… Learn more