Can you take advantage of your opponent’s mistake?
In the course of a litigation it is rare that a solicitor will make a fundamental mistake that resolves the case in favour of his opponent. However when this rare situation does occur, as it did in Wills v Strategic Procurement (UK) Ltd, it raises an interesting question of how the opponent should react. It is an essential rule of contract law that if an agreement looks like it…
Court of Justice says no to representation by in-house lawyers
The role of an in-house lawyer is to give legal advice to the company they work for but should they be allowed to represent that company in court? The case of Prezes Urzedu Komunikacji Elektronicznej (Electronic Communications Office) v European Commission (C-422/11) concerned the interpretation of Article 19 of the Statute of the Court of Justice. This article concerns the rep…
OFT refers bus companies
The OFT referred the local bus services (excluding London and Northern Ireland) to the Competition Commission. This is the result of a surprise enquiry which the OFT started in March last year. The OFT issued its report in August 2009 and publicly consulted on its proposal to refer. Today's decision concludes the OFT stage of the enquiry. What are the issues? The OFT has i…
Exploring the Double Jeopardy Principle: Piers Coke-Wallis V ICAEW
Difficulties can arise for regulators in deciding whether to raise a complaint against a member where the underlying circumstances are similar to a previous complaint. This latest Court of Appeal decision considers when, and to what extent, a second, subsequent disciplinary complaint may be pursued arising from the same underlying facts as those previously considered in an ear…
Delay, absence of a respondent and bias of the decision maker - the court's views on these thorny issues
The constantly evolving world of professional regulation has again seen clarification from the courts with regard to the issues of delay, proceeding in the absence of a Respondent and perceived bias. In this article we examine recent judicial decisions and their implications for regulators and Respondents alike. Article 6 and Delay What is the effect of delay in bringin…
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