Reducing Damages Awards: Mitigation of Loss in Contractual and Intellectual Property Claims
Litigants are obliged to take all reasonable steps to mitigate their loss suffered. Those that fail to do so are not entitled to recover the loss, and such sums are reduced from the damages payable the defendant. The principle applies regardless of the nature of the claim, including breach of contract and intellectual property rights claims.

Phoenix Companies, Insolvency Law and Recovery by Creditors
In certain circumstances, creditors may recover from Phoenix companies, including where management is the same and the phoenix company has not been administered in accordance with the Companies Act and Insolvency Act.

Employee Fraud – What to Watch Out For
Fraud from within company is difficult to detect and must be dealt with appropriately to avoid adverse claims by employees.

Agreeing Contracts and Avoiding Legal Ambiguity
Commercial cotnracts are serious documents and require an assessment of risk prior to deciding whether it is worthwhile avoiding taking legal advice

Architects and Defective Drawings
A builder may be negligent when they ought to recognise defects in architects' drawings.

Recovering Legal Fees and Court Costs from Third Parties in Litigation
This article discusses the prospect of recovering legal fees from persons who are not parties to the legal proceedings.

Partnership Law & Misleading Statements – Court Enforced Duties of Good Faith
In business relationships that involve a relationship of the utmost good faith such as partnerships, partners should be aware of their duties to avoid that disputes and consequent litigation.

Briefing Note: Third Parties and Adverse Costs Orders
When third parties fund litigation, there is a significant risk that in the event of losing the fight that they will be ordered to pay the legal costs.

Briefing Note - Use of Defined Terms in Commercial Contracts
CIP contracts rely on the meaning of the terms given to them by the parties and a 'battle of the forms' ensued in this case for an unanticipated result. COnfusion as to contractual terms should be avoided at all costs.

Limitations of Liability - Software Licence Agreements and Software Development Contracts - Part 10
In this tenth part of the series, our lawyers consider limitations of liability and how they might be applied in software development agreements.

White Hat Hacking and Computer Software Security
A consideration of the commercial risks and security issues arising from White Hat hacking, otherwise known as ethical hacking in the context of computer security and the role of software.

Settling Disputes - Agreements to Agree Unenforceable
A settlement agreement where a fundamental a material term was in essence an agreement to agree in the future rather than at the time of the contract was found to be unenforceable.

Briefing Note - Obtaining Injunctions in UK High Court
Our commercial litigation solicitors discuss the process and considerations in obtaining urgent injunctions in commercial disputes.

Commercial Categories of Intellectual Property Rights Infringement
Although the law does not distinguish between commercial categories of infringement, it is useful to consider infringements in a commercial context.

Emails, Digital Documents and Communications as Evidence in Commercial Litigation
A brief note on the uses of digital and electronic evidence in commercial litigation and disputes.

Liquidated Damages Clauses and Penalties in Commercial Contracts
Carelessly liquidated damages clauses in contracts may be construed as contractual penalties and unenforceable.

Business and Commercial Debts and Statutory Interest under the Late Payment of Commercial Debts (Interest) Act 1998
Interest automatically accrues under recent legislation for late payment of business debts.

Claiming Compensation in the UK – Assessment of Damages
Damages may be awarded for breach of contract under several heads in UK law. In this feature we discuss compensatory nature of damages.

Obtaining Judgments in Foreign Currencies
The House of Lords has held that judgments are available to be calculated by reference to a foreign currency, provided the intersts of justice are served.

Private International Law - Jurisdiction clauses and Choice of Law Clauses
In resolving disputes, choice of law clauses and jurisdiction clauses may play a key role in determining whether the dispute may be heard in England.

The Enforceability of Exclusion Clauses in UK Contracts
The application of exclusion of liability clauses in UK contract disputes.

The ICANN Dispute Resolution Policy Application to Domain Names
The ICANN Dispute Resolution Policy applies to, amongst others .com domain names, and sets out the bases for recovering such domain names for use in bad faith.

Pre-Claim Disclosure in Commercial Litigation
Pre-action disclosure is a court based procedure allowing a claimant to acquire documents and electronic evidence prior to the commencement of legal proceedings.

Role the of Alternative Dispute Resolution - Mediation in Commercial Disputes
In the introduction to "ADR and Commercial Disputes", Russell Caller, a solicitor with some 20 years experience, overviews and benefits of alternative dispute resolution over and above those of commercial litigation.