Keyword search Enter keyword Clear [x] New Court of Appeal guidance - Defamation claims and ... 15-09-2017 This article looks at the new Court of Appeal guidance resulting from the decision of Lachaux v Independent Print Ltd, Evening Standard Ltd & AOL (UK) Ltd  EWCA Civ 1334 Mediation: dragging your feet will cost you 31-05-2017 Parties receive considerable encouragement by the courts to mediate. Recent Court of Appeal decisions reinforce that approach. Penalty Clauses - not so fashionable after all? 30-05-2017 Liquidated damages clauses (LDs) are used to protect an innocent party's position by quantifying damages payable for a specified breach of a contract. They are routinely used by businesses to protect their position in the event of a breach. Apologising: defamation and beyond 06-04-2017 Reputation, both personal and business, has always been everything, but no more so than in today's social media savvy world, where scrutiny and commentary is widespread with many topics being 'open season'. Brexit: Jurisdiction and Enforcement - all change? 30-03-2017 The UK has formally triggered Article 50. Time is ticking to negotiate the best deal possible for the UK. It is expected that most EU laws will be transferred into our legislative framework but what does this mean for businesses? Reporting on payment practices and performance regulations ... 24-03-2017 This article looks at the new reporting on payment practices and performance regulations and the unlimited fines in place for non-compliance. Watch what you tweet! 'Serious harm' test clarified 13-03-2017 Katie Hopkins has been ordered to pay £24,000 in damages together with costs following tweets about food blogger and writer Jack Munroe. Strict compliance with contractual notice requirements: not so ... 21-02-2017 A recent decision of the Inner House of the Court of Session suggests that the law on strict compliance with contractual notice requirements might not be quite so black and white (or pink and blue) as perhaps thought. Motor Ombudsman launched with the help of Shoosmiths 15-02-2017 The Motor Ombudsman is the impartial dispute resolution body focussed on the automotive sector. Insurer v insured - certainty is king 09-02-2017 The Court of Appeal has provided useful insight into the meaning of the phrase 'as soon as possible' in relation to insurance policy notification obligations. How will this decision impact upon both insurers and insured parties? Supreme Court decision: breaking Brexit? 25-01-2017 After much anticipation, the Supreme Court has given its landmark Brexit judgment. Incomplete contracts - can implied terms fill the gap? 06-01-2017 The Court of Appeal has held that gaps in contracts cannot be filled by implied terms, where a contract would otherwise be unenforceable because of a failure between the parties to agree an essential term. Litigation funders ordered to pay costs on an indemnity basis 25-11-2016 The Court of Appeal has confirmed that litigation funders face the same costs liability as the funded litigant. Black Friday: a festive bonus for retailers? 24-11-2016 The Black Friday frenzy has begun for 2016. Health and safety fines - Scotland 14-11-2016 How should Scottish Courts apply the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences: Definitive Guideline? Brexit: courting chaos? 03-11-2016 The High Court has decided that triggering Article 50 requires a vote by MPs. 'Modified universalism' considered for the first time in a ... 12-10-2016 An opinion issued this week is the first examination by a Scottish court of the principle of 'modified universalism' and the requirements for an enforceable floating charge where all the company's property is situated in a non-UK jurisdiction. Insurance fraud: when settlements can be overturned 10-08-2016 The Supreme Court has set aside a settlement entered into by defendant liability insurers, despite the fact that the insurers had suspected that the claimant's personal injury claim was dishonestly exaggerated. Autonomous vehicles: what next? 02-08-2016 There have been significant recent developments in the autonomous vehicle sector. Enforcement of Judgments: a game of cat and mouse 26-07-2016 This article looks at the case of Merchant International Company Limited v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy, 2016. EU Referendum result: Shoosmiths experts comment 24-06-2016 Shoosmiths' experts in competition, employment, real estate, corporate and commercial comment on the EU referendum result. Modern slavery legislation: a global outlook 25-04-2016 The UK is leading the way in the fight against modern slavery through the Modern Slavery Act 2015. Is the UK legislation the gold standard? The potential Impact of Brexit on your commercial contractual ... 06-04-2016 The referendum on whether to leave the EU is fast approaching but uncertainty reigns as to the actual impact on business, should the UK vote to leave. Cybercrime: it's a question of 'when', not 'if' for business 11-03-2016 Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers. Bracing for Brexit: countdown to impact 10-03-2016 With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Unreasonably refusing to engage in mediation: at what cost? 29-02-2016 The court has the power to impose costs penalties on parties who refuse to mediate. Supreme Court guidance: Freedom of contract not open to ... 25-02-2016 Two recent Supreme Court cases represent a stark warning against liberal interpretation of contracts and serve as a reminder that the plain meaning of the words is likely to be the starting point. Modern Slavery: what does it mean for SMEs? 12-02-2016 Contrary to expectations SMEs are finding that they are affected by the Modern Slavery Transparency Supply Chain provisions because they are required to give assurances to those they supply that they comply with the Modern Slavery Act 2015. Business regulation - the power of the brand 12-02-2016 There is a growing trend for naming and shaming rather than criminal penalties. Is the future of compliance self-regulation, for fear of reputational damage? What the new ODR Platform means for consumers and traders 27-01-2016 On 15 February 2016, the new European Union Online Dispute Resolution platform (the 'ODR Platform') will be available for use by consumers and traders. Effective crisis management: the crucial first 12 hours 11-01-2016 Twelve hours. Just twelve hours. That's how long an organisation has to shape the way in which a crisis is going to unfold. Defamation - new claims statistics 20-11-2015 Reported defamation cases in the UK fell by 27% last year, to the lowest level since 2008/2009 according to latest research. Black Friday through to Cyber Monday: how to ensure you don ... 16-11-2015 The tradition founded by our Transatlantic cousins of 'shop 'till you drop' on the weekend following Thanksgiving is becoming more popular in the UK but is your retail business ready? Statutory guidance published: Modern Slavery - Transparency ... 29-10-2015 The transparency in supply chains provisions came into force on 29 October 2015. The long awaited statutory guidance has been published. This briefing sets out the key points for business. Modern Slavery Compliance and the Immigration Bill 2015 19-10-2015 The Government plans to introduce new measures under the Immigration Bill 2015. We examine the proposed changes and how they will impact business particularly in the light of the Modern Slavery Act. Independent anti-slavery commissioner publishes strategic ... 16-10-2015 The UK has its first Independent anti-slavery commissioner, Kevin Hyland OBE. Act now to gain further time for ESOS compliance 13-10-2015 With the new energy saving regulations fast approaching, businesses are at risk of financial penalties for non-compliance if they fail to take action now. Signing your life away? Legal pros and cons of electronic ... 06-10-2015 As it becomes increasingly common for contractual documentation to be concluded electronically, we examine the pros and cons of e-signatures against traditional wet ink signatures. Still unclear how controversial 'Peeple' rating app will guard ... 06-10-2015 Imagine a world where at the push of a smart phone button other people could rate you. Yes, rate YOU - between one and five stars. You... personally. On the internet. Modern Slavery - a sign of things to come for non-compliance ... 02-10-2015 Costco Wholesale Corp is being sued in California over allegations that Costco knowingly sold prawns from a supplier using slave labour. The rise and fall of business sense in contractual ... 23-09-2015 In the recent case of Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd , the Court of Appeal has given further guidance on the use of Record retail fine - sign of things to come? 08-09-2015 Revised guidelines for the sentencing of corporate manslaughter and health and safety offences will be published shortly, but does the recent case against Hugo Boss UK give retailers a sign of what to expect? Alternative dispute resolution - change afoot 26-08-2015 The obligations imposed by new ADR Regulations will come into force on 1 October 2015, followed by the Online Dispute Resolution ('ODR') on 9 January 2016. Has the law concerning rescission for misrepresentation been ... 20-08-2015 When a contract has been entered into as a result of a misrepresentation, the predominant question nearly always asked is whether the contract can be rescinded or is the party limited to claiming damages? Driving consumer change: the Consumer Rights Act 2015 and ... 18-08-2015 After many years of debate the new Consumer Rights Act 2015 ('the Act') will finally come into force on 1st October 2015. Modern slavery and supply chains: steps to take now 11-08-2015 The government's stated approach to transparency in the supply chain provisions is to strike a balance between improving transparency in the supply chain whilst ensuring that businesses take appropriate and proportionate action to tackle modern slavery. The court considers 'serious harm' in the context of a ... 06-08-2015 In Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd, the high court considered the construction of 'serious harm' under section 1 of the Defamation Act 2013 (the Act). Modern Slavery Act supply chain compliance: turnover ... 04-08-2015 The UK government's commitment to anti-slavery and supply chain transparency was confirmed in a speech given by prime minister David Cameron in Singapore. Costs regime in line with human rights 27-07-2015 The Supreme Court has held that a claimant's right to recover a Conditional Fee Agreement (CFA) success fee and After the Event insurance (ATE) from an unsuccessful defendant is not contrary to the European Convention on Human Rights (ECHR). CMA publishes response to 'super complaint' - is it a bang or a ... 17-07-2015 The Competition and Markets Authority (CMA) has completed its initial investigation into consumer confusion over promotions offered by supermarkets. Energy audit requirement for large organisations: Action ... 10-07-2015 Our recent experience is that many companies are either still not aware of their obligations or are not putting steps in place to satisfy the new rules. Modern slavery and supply chain reporting obligations 09-07-2015 The new Modern Slavery Act (2015) will apply to all commercial organisations who carry on business or part of a business in the UK. Shoosmiths' dispute resolution and compliance team ... 22-06-2015 National law firm Shoosmiths has bolstered their dispute resolution and compliance team with the appointment of partner and leading Midlands litigator Mark Elder and associate, Rebekah Finch. The limits of using common sense to interpret commercial ... 22-06-2015 Scotland's senior civil appeal court has reiterated that commercial common sense is only relevant to interpreting the terms of a contract if those terms are ambiguous. Retailers' responsibilities on carrier bags: changes from 5 ... 15-06-2015 In a move designed to reduce waste, carrier bag charges come into force in England on 5 October 2015. Could the UK follow America in prosecuting FIFA officials? 05-06-2015 There has been widespread speculation for a number of years about bribery and corruption being endemic within FIFA. America has lead the charge in prosecuting FIFA officials but could the UK follow suit? Commercial Court sets out impact of successful mitigation on ... 05-06-2015 In Thai Airways International Public Company Ltd v KI Holdings Co Ltd  EWHC 1250 (Comm) the Commercial Court has provided guidance on how a claimant's mitigation efforts affect the damages it can recover for breach of contract. Commercial property - landlord's consent to transfer of lease 03-06-2015 It is common practice for leases of commercial properties to contain a prohibition on the tenant being able to assign or otherwise transfer their interest in the lease to another party without the prior written consent of the landlord. Employment interdicts - a cautionary tale 03-06-2015 If in the course of an action the pursuer applies for and obtains an interim interdict preventing the defender from carrying out a particular activity, it is said that the pursuer obtains that order at their own risk. The Supreme Court on asbestos cases 22-05-2015 The Supreme Court has reversed the ruling of the Court of Appeal in respect of insurers' liability in mesothelioma claims in the case of Zurich Insurance PLC UK Branch (Appellant) -v- International Energy Group Limited (Respondent)  UKSC 33. How each political party's policies may affect retailers 06-05-2015 With just hours to go before the election, the Conservatives and Labour remain neck and neck. Google v Vidal-Hall: how the cookie crumbled in the Court of ... 24-04-2015 Last month saw the Court of Appeal upholding the judgment of the High Court that 3 claimants resident in England could bring claims in England against US-based Google Inc for misuse of private information and breach of the Data Protection Act 1998 (DPA). SARAH to the rescue - The Social Action, Responsibility & ... 20-04-2015 On Monday 13 April 2015, the SARAH, or Social Action, Responsibility and Heroism Act 2015 ('the Act'), came into force in England and Wales. Negative declarations for insurers and the meaning of 'Product ... 14-04-2015 The Court of Appeal has expressed reservations about dealing with applications for declarations of non-liability by insurers in circumstances where the factual interpretation of the claim is contentious. EU judgments: easy enforceability in England? 13-04-2015 One of the central functions of a contract is to be able to enforce its obligations. Within the EU, under the new Recast Brussels Regulation (the Regulation), it is now easier, quicker and cheaper to enforce EU judgments within England and Wales. Commercial property - dilapidations at termination of a lease 02-04-2015 The extent to which the tenant of a commercial property requires to maintain and repair the premises will invariably be regulated by the terms of the written lease. The price of justice: mitigating the impact of the new court fees 31-03-2015 On 9 March 2015 significant increases in the cost of issuing proceedings for money claims in the civil courts came into force. It is likely that money claims of mid to high value will be most affected. Arbitration torpedoed? The impact of Brussels 1 (Recast) 25-03-2015 On 10 January 2015, new EU rules on jurisdiction and enforcement of judgments in civil and commercial matters came into effect as a result of the Brussels Regulation (recast) (Regulation (EU) 1215/2012) (the recast Regulation). Court fee increases in force on 9 March 2015 05-03-2015 The motion to implement the Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 was debated and approved by the House of Lords last night. The arrival of the Groceries Code Adjudicator 11-02-2015 The Groceries Code Adjudicator, Christine Tacon, has announced that she is to investigate Tesco for its conduct under the Groceries Supply code, after reports of accounting irregularities. Agency: deals and duties 05-02-2015 The recent Court of Appeal decision in Tigris International NC v China Southern Airlines Company Ltd and another  has reiterated that it is of paramount importance that businesses take care to use commercial agents that they know and trust. Party like it's 1-999: New Years Eve fire provides reminder of ... 20-01-2015 When Mr Hufford invited his parents around for a celebratory lunch on New Years Eve 2009, he couldn't have envisaged it would bring product liability notoriety. Keeping it clean: Reflections on EU Regulations on CO2 ... 17-12-2014 In recent weeks the US Department of Justice and U.S. Environmental Protection Agency announced a substantial settlement with the car manufactures Hyundai and Kia. The 'Only Way is' Profits: High Court measures loss of profits in ... 04-12-2014 What was the issue? Litigating in Europe: A Happy New Year? 27-11-2014 The Brussels I Regulation (Recast) comes into force on 10 January 2015 bringing with it the promise of significant improvements to the jurisdictional regime within the EU. Contractual remedies for defamation? Blackpool hotel adopts ... 19-11-2014 A Blackpool hotel hit the headlines this week for 'fining' a couple £100 for posting a scathing review on TripAdvisor, in breach a 'no bad review' clause in its terms and conditions. Settling your dispute - a risky business? 18-11-2014 The benefits of settling disputes out of court are clear, most of all in terms of the time and costs saved by not taking the dispute to trial. New jail terms for internet trolls: what can your business do ... 23-10-2014 Last weekend, justice secretary Chris Grayling outlined government proposals to quadruple the current six-month sentence for people found guilty of internet trolling. What has been the most important national and European ... 03-10-2014 The landscape of UK consumer rights law is undergoing its largest reform since 1979. Serious harm: in the balance? 30-09-2014 In Cooke v MGN Ltd  EWHC 2831 the High Court gave the first judgment on the serious harm test in section 1 of the Defamation Act 2013. We look at lessons which can be learnt from the judgment and anticipate issues which may arise in the future. Competition and Markets Authority orders shake-up of audit ... 29-09-2014 On 26 September 2014 the Competition and Markets Authority ('CMA') published the final order in relation to the Competition Commission's ('CC') investigation into the UK statutory audit market for large companies. Commercial property - Dilapidations at termination of a lease 11-09-2014 Damages recoverable from a tenant: the differences in England and Scotland Guarantee or indemnity? Conclusive Evidence Clauses 20-08-2014 In ABN Amro Commercial Finance Plc v McGinn and others  EWHC the court considered whether deeds intending to indemnify a factor's losses under an invoice discounting agreement were an indemnity or a guarantee. Can hindsight be used when assessing losses in a breach of ... 10-07-2014 In Ageas (UK) Limited v (1) Kwik-Fit (GB) Ltd (2) AIG Europe Ltd  where Shoosmiths acted for the claimant, the High Court examined principles relevant to the permissibility of using hindsight to value a company for the purposes of a warranty claim. Flight delays compensation : punctuality or pay out? 20-06-2014 Jet2 is set to appeal a Court of Appeal decision as to whether 'technical problems affecting the operation of an aircraft' is an extraordinary circumstance entitling a carrier to avoid liability to pay flight delay compensation to passengers. We predict a riot 29-05-2014 Court of appeal rules business interruption and other consequential losses can now be recovered from the police after London riots. Changes to enforcement via High Court Enforcement Officers 21-05-2014 Following the implementation of the Tribunals Court Act 2007 on 6th April 2014, the government has made a number of changes to enforcement via the High Court Enforcement Officers. Waiving privilege? Be on guard 19-05-2014 We consider waiver of privilege and a recent case to discuss the issue in the context of electronic information policies. What are the key factors regarding waiver of legal privilege? What protective steps can be taken to ensure privilege is maintained? To Arbitrate or Litigate - what's your goal? 15-05-2014 Parties should always consider what their preferred method of dispute resolution is when entering into a contract and often choose to specify either arbitration or traditional court proceedings as the relevant legal recourse. Costs: The Hidden Truth 28-04-2014 Legal costs are coming under close scrutiny by the Court. A party to a dispute must put itself in the best possible position to maximise costs recovery. An indemnity may be included in a contract but this doesn't always result in full costs recovery. Employees on the march? How to protect the value in your ... 24-04-2014 The UK economy has shown positive growth over the past few months. Are you ready for the challenges that growth can bring? Are your crown jewels, whether that's confidential business information or employees, adequately protected from your competitors? Litigation: a marathon or a sprint 16-04-2014 Our own Kath Livingston who joined over 36,000 others, pounding the streets in the London marathon on Sunday, ponders whether litigation is a marathon or a sprint. When the job goes wrong - what happens if you are supplied ... 09-04-2014 There will inevitably be a time in every contractors working life where the materials used on a job fail due to no fault of their own. However, as the person who installed the faulty part you may have far more legal responsibility than you might think. Why a choice of law should never be arbitrary 01-04-2014 We take a look at the different laws governing the various aspects of international arbitration including a recent commercial court decision on determining the law of the arbitration agreement. Silence is not golden: the real cost of ignoring a mediation ... 05-03-2014 In the recent case of PGF II SA v OMFS (2013) the Court of Appeal upheld a decision of the High Court to deprive a successful party of its costs on the ground that it had not responded to an invitation to mediate. Deferred Prosecution Agreements - what you need to know 03-03-2014 On 24 February 2014 Deferred Prosecution Agreements ('DPAs') legislation was finally brought into force in respect of a wide range of criminal conduct. Sale of goods exclusion clauses : don't miss out on a bargain 26-02-2014 It is crucial to cover the full range of potential losses in exclusion clauses. We consider exclusion clauses in sale of goods contracts in light of the recent Commercial Court decision of Glencore Energy Ltd v Cirrus Oil Services. Take it or leave it? - Financial Ombudsman Service awards ... 21-02-2014 The Courts in England have ruled that accepting an award from the Financial Ombudsman Service can be a bar to any further proceedings in England & Wales. We examine whether the same principles apply in Scotland. Cooper -v- Bank of Scotland: inter-spouse guarantees ... 04-02-2014 After a lengthy period of silence, a new case in the Court of Session reminds lenders that a high degree of care is required where a wife is granting a security on account of her husband's debts. We examine what lessons might be learned. A reminder - Employers' Liability changes - what they mean for ... 24-01-2014 Section 69 of the Enterprise and Regulatory Reform Act 2013 (the Jurisdiction: can you be in two places at once? 21-01-2014 Choosing and including the correct type of jurisdiction clause in a contract is important. A new dawn for defamation? 16-12-2013 The Defamation Act 2013 comes into force on 1 January 2014. We provide details of the new regulations that will govern website operators when on notice of a complaint about online material. Remedies for breach of contract : Scottish courts will enforce ... 11-12-2013 If one party to a contract threatens not to perform their obligations (i.e. repudiates the contract) the innocent party has significantly different options depending on whether they are able to raise court proceedings north or south of the border. High Court considers new bonus in Part 36 regime 02-12-2013 The recent case Feltham v Bouskell  EWHC 3086 (Ch) is one of the first to consider the additional sanction under CPR 36.14(3)(d), introduced on 1 April 2013 as part of the Jackson Reforms. Dominant Purpose test proves difficult to pass 22-11-2013 We consider litigation privilege and the dominant purpose test. Litigation privilege stems from a principle that those engaged in/contemplating litigation should be free to gather evidence without a requirement to disclose that evidence to opponents. Small claims mediation: Biting the bullet - taking a commercial ... 01-11-2013 Litigants should give serious consideration to the possibility of settling small claims using the free mediation service, which has a number of things going for it, not least reduced legal costs. You will comply : The Jackson Reforms - Six months on 30-10-2013 Many expected a revolutionary new take on the conduct of litigation, with costs budgeting taking centre stage. Six months on, and it is time to analyse the impact so far; have the Jackson Reforms been revolutionary, and what has been their effect? FCA CP13/10: Detailed proposals for the FCA regime for ... 03-10-2013 The Financial Conduct Authority's (FCA) Consumer Credit sourcebook (CONC) will contain the majority of the FCA's rules and guidance for the new regime. Commercial Court rules 'no riot' for insurers or business 30-09-2013 The Commercial Court has ruled that consequential losses arising from riots cannot be recovered from the public purse. Part 36 v Calderbank : Rise of the Reforms 30-09-2013 There has been a lot of buzz about the Jackson reforms. We highlight afew considerations which demonstrate that when trying to settle a dispute, the battle still rages about which settlement mechanism (Part 36 or Calderbank) is more advantageous. Exclusion clauses: Do exactly what they say on the tin 27-08-2013 Whilst many lawyers pride themselves on their level of precision, it is important to be accurate when drafting exclusion clauses to avoid potential contamination of the clause. What's it worth? 27-08-2013 We consider the principle of unjust enrichment in light of the recent Supreme Court decision in Benedetti v Sawiris and others  UKSC 50. High Court rules on badger cull protestor injunction 23-08-2013 In a ruling yesterday on application of the National Farmers Union, the High Court granted an interim injunction to restrain the activities of animal rights campaigners planning protests at next week's government-sanctioned badger cull. Is Luis Suarez right: Does an oral agreement between parties ... 21-08-2013 Last weekend heralded the return of the Premier League football season, and the spotlight for the foreseeable future for clubs, players and fans is firmly fixed on potential transfer business before the transfer window closes. UK Supreme Court adopts pragmatic approach to alternative ... 19-08-2013 The Supreme Court upheld a High Court decision granting the appeallant permission to serve a claim form outside of the jurisdiction, despite the alternative method of service not originally being permitted by the order. Public hearing maintained despite fear of reputational ... 25-07-2013 When disputes escalate to court proceedings, it is not uncommon for the Statements of Case to contain pointed allegations of misconduct or impropriety. Litigation: A bit like the Tour de France 23-07-2013 Many of us have been avid watchers of this year's Tour de France, and it got us to thinking that this epic race is a little bit like litigation. The Draft Consumer Rights Bill - enhanced rights for ... 16-07-2013 The Government has published its Draft Consumer Rights Bill, through which it proposes a significant overhaul of UK consumer protection legislation. Counting the Cost of Time 24-06-2013 If your business has been disrupted by a problem that later leads to litigation, you may be able to recover the cost of time spent by management and staff in remedying the problem. All change, please: Defamation Act 2013 17-05-2013 After considerable Parliamentary ping-pong and various political manoeuvrings in light of the Leveson inquiry recommendations, Royal Assent has finally been given to the Act that purports to balance protection of reputation and freedom of speech ... Costs budgeting 18-04-2013 What is costs budgeting? The concept of proportionality is not new to litigation 28-03-2013 On 1 April 2013 there will be a cultural shift in the civil litigation landscape, mostly arising out of recommendations made by Lord Justice Jackson. The concept of proportionality is not new to litigation 28-03-2013 In addition to the overriding objective, a new test of proportionality has been introduced when assessing costs. New Shoosmiths partner to solve business disputes 21-02-2013 A new partner appointment at Shoosmiths has added commercial litigation expertise to its Manchester office. UK Supreme Court disallows the extension of privilege 19-02-2013 Litigation in Scotland 31-01-2013 The addition of the ACH Shoosmiths full service office in Edinburgh means that Shoosmiths can advise clients on litigation matters throughout the UK. In this article we highlight some of the key litigation considerations north of the border. Action by ROT suppliers: Effective enforcement of your claim 18-01-2013 A supplier wishing to assert a claim to reservation or retention of title (ROT) of stock it has supplied may be faced with a real predicament on learning that a customer has gone into administration. The Effective Agent: Risk reduction in the murky, litigious ... 21-11-2012 In this article we explore agency agreements and consider how risk can be reduced in such agreements. Combating spam tactics: How to stay on top 21-11-2012 What's all this about penguins, pandas and search engine optimisation? Libel online: How best to protect your global reputation? 18-10-2012 In an increasingly online world, international businesses can no longer rely on discrete legal advice relevant to only one jurisdiction. It is crucial to know where best to bring (or threaten) legal proceedings to achieve maximum impact globally. Security for costs: Protection for defendants from insolvent ... 19-09-2012 When a business is on the receiving end of a claim, it is faced with the prospect of having to incur significant costs to defend the action. Losses arising from the Games - Can you bring a claim? 28-08-2012 Described as Think! Could crossing swords prove costly? 01-07-2012 We take a closer look at costs and the changes scheduled for April 2013 that are set to change the litigation costs landscape. When social networks become anti-social 01-06-2012 How can businesses protect their staff, brand reputation and security when threats and/or statements are posted online? In particular, how can damage to the business through use of electronic media be prevented?