In court proceedings or in contemplation of court proceedings, parties have to prepare certain documents which are filed at court and served on the other side.

These documents will normally have to be verified by what we call a ‘Statement of Truth’ which usually reads:

‘[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true.’

A Section 21 (Housing Act 1988) Notice is the first step a landlord would take to gain back possession of a property. It is a written notice to terminate an Assured Shorthold Tenancy on a ‘no fault’ basis (without providing a reason for wishing to take possession).

There are new requirements under the Tenant Fees Act 2019 which can be seen in recent post about legal guidance for landlords and tenants on the Tenant Fees Act 2019.

This article discusses some common defences available in defamation claims relating to libel (written statements). It outlines the protection these defences can afford to parties who are wrongfully accused of causing harm to another party’s reputation, and the risks to claimants who stick to their guns at all costs. Defamation commonly affects not only individuals, but businesses and professionals.

The case of Arkin v Borchard Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655, [2005] 1 WLR 3055 (“Arkin”) and the notion that the courts were bound to cap the costs payable by a third-party litigation funder to successful opponents to the amount of funding provided by them (the Arkin cap) has largely been applied without much ado by the courts; until now.

All parties to litigation should be concerned with – besides winning the litigation – the other side being good for any damages and / or costs they may be awarded.

Each side should only push forward with litigation once they are clear on this point. They also need to be able to afford the other side’s costs in the event they lose, either from their own resources or have alternative means (such as an insurance policy).