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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Non-domestic Water and Waste Rates – Should You Go With the Flow?

A recent case from Edinburgh Sheriff Court has shed new light on the correct approach in dealing with claims raised by the various non-domestic water and waste water service providers in Scotland.

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Legal Action on Behalf of Shareholders Expected Against Tesco

A leading litigation funder, Bentham Funders, has revealed that they have set up a fund for shareholders in Tesco to take legal action against the supermarket giants.

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‘Without Prejudice’ Communications – What is Protected?

The phrase “without prejudice”, or longer versions, often appear in letters that concern disputes and litigation.  The aim of without prejudice (WP) correspondence is to allow parties to a dispute to try to settle a dispute before having to go to court, safe in the knowledge that anything that they have said during the negotiations cannot be used in court against them.  The parties should be “encouraged fully and frankly to put their cards on the table” (Cutts v Head, 1983 WL 216802, pg. 7). 

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Recovery of Documents Prior to Substantive Court Action

A court case will invariably come down to a question of fact, or a question of law – or, if you are particularly unlucky, a mixture of both.  Questions of law can be decided by way of legal debates, with solicitors or advocates arguing over the particular word choice of a judge who has long since passed away.

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