Resolving business disputes : how to get better outcomes from commercial conflicts /
Resolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is a guide, explaining the unique choices crea...
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Main Author: | |
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Format: | Electronic eBook |
Language: | English |
Published: |
London :
Spiramus Press,
2020.
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Subjects: | |
Online Access: | CONNECT |
Table of Contents:
- Intro
- Preface
- INTRODUCTION
- 1. BUSINESS DISPUTES
- THE PROBLEM EXPLAINED
- 2. THE LAW: RIGHTS AND REMEDIES
- 2.1. Rights
- 2.1.1. Sources of rights and duties
- Contracts
- Property rights
- Trusts
- Statutory rights
- Torts and other civil wrongs
- 2.1.2. Contract disputes (1)
- 2.1.3. Contract disputes (2)
- the pandemic
- 2.2. Remedies
- 2.2.1. Order for the payment of money
- 2.2.2. Injunction
- 2.2.3. Declaration
- 2.2.4. Remedies: further questions
- 3. BINDING DECISIONS
- 3.1. Introduction
- 3.2. Litigation: court proceedings
- 3.3. Non-payment
- Is there a dispute at all?
- 3.3.1. Insolvency
- 3.3.2. The debtor who knows payment is due but refuses to pay
- 3.4. Other types of binding decision
- 3.4.1. Introduction
- 3.4.2. Arbitration
- 3.4.3. Expert determination
- 3.4.4. Adjudication
- 3.4.5. Financial Ombudsman
- 3.5. Litigation, arbitration and expert determination compared
- 4. WHO WILL WIN?
- 4.1. Introduction
- 4.2. Finding the facts
- 4.2.1. The factual dispute: the problem of two worlds
- 4.2.2. Witnesses: perception, bias and memory
- 4.3. Forecasting: advice on the litigation outcome
- 4.3.1. What is an advice on the merits?
- 4.3.2. Key aspects of an advice on the merits
- 4.3.3. Probability of success
- 4.3.4. Underlying assumptions and information
- 4.3.5. Decision trees
- 4.3.6. Outcome prediction software
- 4.3.7. Bias and litigation forecasting
- 4.3.8. Limitations on outcome predictions
- some data and further considerations
- 4.3.9. Best use of forecasting
- 4.3.10. Covid-19 and further outcome uncertainties
- 4.4. The Trial: Judicial Decision-Making and the Trial Outcome
- 4.4.1. The jigsaw of facts
- 4.4.2. Legal principle, the overall merits and 'dirty dogs'
- 4.5. Conclusion
- 5. LAWYERS, THEIR FEES AND LEGAL COSTS
- 5.1. Introduction
- 5.2. Funding your own costs
- 5.2.1. Payment on the usual basis
- Solicitors and barristers
- Client remains liable to pay fees if it 'wins' the case
- 5.2.2. Conditional Fee Agreements (CFAs)
- Main type of CFA
- Other CFA arrangements
- 5.2.3. Third party funding (TPF)
- 5.2.4. Damages-based agreements (DBAs)
- 5.2.5. Insurance
- 5.2.6. Settlement offers under CFA, TPF and ATE arrangements
- 5.3. Costs-shifting orders
- 5.3.1. When is a cost-shifting order made
- and for how much?
- 5.3.2. Further considerations
- Who was the winner?
- Unreasonable refusal to mediate, etc
- Cases for recovery of fixed costs only
- Pre-trial costs
- Non-parties
- Effect on CFAs and other funding arrangements
- 5.4. 'Insuring' legal costs exposure through court processes
- 5.4.1. Introduction
- 5.4.2. Part 36 Offers
- Introduction
- Defendant's Part 36 Offer
- Claimant's Part 36 Offer
- Part 36 Offers: conclusion
- Open offers
- 5.4.3. Security for costs
- 5.5. Comparison with arbitration and expert determination