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Tom Smith

About Tom Smith

Tom is a Partner and Head of the Dispute Resolution Department at Forbes Solicitors. Tom’s blogs cover his specialisms of business disputes involving commercial contracts, shareholders, partnerships, share sales and warranties, banking issues, restrictive covenants and professional negligence.

Who pays the price for commercial debt recovery claims?

If you are faced with the situation where you have to take one of your clients to Court to recover your unpaid invoices, then it helps to know the legal costs and potential recovery of those costs in bringing a … Read more

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Late payment of commercial debts: your legal rights

The late payment of invoices is one of the biggest problems businesses face according to BACS. In a 2017 study, the bank automated clearance scheme found that SMEs were collectively facing £14.2bn in late payments and commercial bad debts. While … Read more

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How to prevent late paying invoices

Customers paying late is one of the biggest issues for the UK’s SMEs. According to insurance company Zurich, the total ‘late payment debt’ for both large and small businesses in the UK now stands at £44.6 billion. It can be … Read more

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Refusal to mediate leads to mega-Bucks bill

Reid v Buckinghamshire Healthcare NHS Trust [2015] EWHC B21 (Costs) An NHS Healthcare Trust has been ordered to pay an enhanced rate of costs due to its failure to engage in mediation.

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Part 36: When it is unjust to apply the usual cost consequences

Yentob -v-MGN Ltd [2015] EWCA Civ 1292 The Court of Appeal has upheld a High Court decision which deviated from the usual cost consequences where a Part 36 offer was not beaten at trial.

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Property holding company left reeling after High Court decision

An application for specific disclosure of previous allegations of mis-selling at Barlcays has been dismissed by the High Court as a “fishing expedition.”

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Npower handed record fine as customers’ frustrations boil over

‘Big Six’ energy supplier, npower, has been hit with a fine of £26m from regulator Ofgem as a result of poor customer service and billing problems.

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Home Secretary pays the price for late filing

R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 This appeal related primarily to a human rights claim for detention in prison rather than an immigration removal centre.  However, a … Read more

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This is not just any landmark decision…

The Supreme Court has dismissed an appeal by Marks and Spencer in relation to a lease break clause, giving a Judgment which has wider ramifications for the interpretation of contracts generally.

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Court Fee Rises – Are You Able To Weather The Storm?

The doom and gloom The recent rise in Court fees is thought to be having a detrimental impact upon the ability of SMEs to bring claims. A fundamental overhaul of issue fees in March 2015 saw the introduction of a … Read more

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