Category: Litigation

Representatives for Madonna have stated that she will “vigorously defend” against legal action brought by two fans after she missed a show by more than two hours in New York in December 2023. They have claimed that they would not have paid for tickets if they knew that the concert would finish that late.  The concert was on Wednesday 13^th December 2023 at 8:30pm EST, but it did not start until after 10:30pm which then ended at 1am.

Spokespeople for the American artist and promoter Live Nation claimed that the delay was due to a technical problem. “The shows opened in North America at Barclays in Brooklyn as planned, with the exception of a technical issue during soundcheck on December 13th,” the joint statement stated.

“At the time, press accounts amply recorded the delay caused by this. We plan to mount a strong defence in this matter.”

It was also underlined that the tour’s latest European leg had “received rave reviews”. However, the two fans, Michael Fellows and Jonathan Hadden, have argued that “Many ticketholders who attended concerts on a weeknight had to get up early to go to work and/or take care of their family responsibilities the next day”.

“False advertising, negligent misrepresentation, and unfair and deceptive trade practices” are the reasons they are suing Live Nation and the Barclays Centre, who have not responded to the lawsuit as of yesterday (25^th January 2024).

“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised, which resulted in the ticketholders waiting for hours,” according to the paperwork. The lawsuits also claimed that on other nights at that exact venue around the 13^th, concerts started more than two hours late.

Plaintiffs have not indicated the damages they are suing for.

As this took place in the US, the claim being brought is subject to US law of course.  This differs markedly from UK law. The US legal system is primarily based on common law, which is developed through judicial decisions and precedents. Each state has its own legal system, and there is also a federal legal system that governs certain matters.

The UK legal system is a combination of common law and statutes. The legal system in England and Wales is distinct from that in Scotland and Northern Ireland.

However the most relevant and marked difference between the two is the levels of compensation which can be claimed (and on what basis).   The claim will no doubt interest other artists however and will be one watched closely.

In response to allegations that it purposefully slowed down some iPhone models in the US, Apple has started paying settlements in a protracted class action case.

The $500 million (£394 million) settlement will be divided among the complainants, amounting to around $92 per claim. Apple stated at the time that it denied any wrongdoing but was concerned about the cost of pursuing legal action, and as a result, it agreed to settle the complaint in 2020.

In the UK, a lawsuit similar to this one is suing for £1.6 billion in damages.

The US case began in December 2017, when Apple acknowledged that it had purposefully slowed down some iPhones as they aged, confirming a long-held fear among phone users. It claimed that when batteries grew older, their efficiency dropped, resulting in a “slowdown” that extended the life of the phones. However, following accusations that it had secretly throttled the performance of some iPhone models, Apple responded to the outcry by providing a low-cost battery replacement.

The US legal action resulted from it. It was projected at the time of the settlement that each individual might receive as little as $25, but it looks like the real payout is nearly four times that amount.

Apple failed in its attempt to stop a comparable class action case in the UK last November. Justin Gutmann initially filed the lawsuit in June 2022, on behalf of an estimated 24 million iPhone users.

“We have never – and would never – do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades,” Apple said in response to the case, labelling it “baseless.”

However, the UK complaint additionally demands damages for owners of iPhone 8, 8 Plus, and X devices, in contrast to the US settlement, which only extended to handsets in the iPhone 6 and 7 range.

In the UK, the Consumer Rights Act 2015 states that goods purchased must be as described, fit for purpose and of satisfactory quality.  There are additional rights when items are purchased online.

If you have had any problems with goods or services that you have purchased, our litigation department can help.  Get in touch today with our head of department, James Dyche on jdyche@astonbond.co.uk or call us on 01753 486 777.

The impact of COVID-19 has had a marked impact on Landlords of residential property. The large number of tenants facing financial uncertainty from either job losses, the furlough scheme or wage reductions has meant that a considerable number of tenants are unable to pay their rent. This has and will no doubt create some uncertainty for landlords. 

The Government has introduced a number of emergency measures to protect tenants during the pandemic, below is a general synopsis of the position. 

1. During the period commencing on 26 March 2020 and ending on 30 September 2020 the minimum notice period is now no less than three months; this includes a number of different types of tenancies and includes the most common being assured shorthold tenancies. You will note that the usual notices periods are 2 months or eight weeks (depending on how rent is paid) for notice under section 21 and 14 days under section 8. The change will only affect those notices that are served within the relevant period, any notices served prior to the relevant period are not caught by this extension. 
2. Ongoing possession proceedings, meaning those that were commenced before the relevant period, have been suspended for 90 days irrespective of what stage the proceedings are at. This includes the enforcement of any writs or warrants of possession.
3. The courts will not process any new possession claims during this period, but please note that this does not apply to excluded tenants which includes those currently in interim accommodation and lodgers. 

It is uncertain whether these measures will be extended but the legislation does allow them to be extended further should this be necessary.

Adverse Possession is more legally the term to describe ‘squatting’. Therefore, it is the process of a person who is not the legal owner of the land but who can then become the legal owner, if they have been in possession of the land for a certain period of time and if they have met the criteria below. The rules have somewhat changed since the introduction of the Land Registry Act 2002, however, the principles remain the same.

Limitation

• The Land Registration Act 2002(LRA 2002), which came into force on 13 October 2003, introduced a new regime which applies to claims for adverse possession of ‘registered land’ where 12 years’ adverse possession had not accrued before 13 October 2003. Therefore, the new rules require 10 years adverse possession of the land before an application can be made.

• The old law continues to apply to adverse possession in respect of ‘unregistered land’ (based on 12 years’ adverse possession under the Limitation Act 1980(LA 1980)) and registered land where 12 years’ adverse possession had accrued before 13 October 2003 (under transitional provisions of the LRA 2002).

Criteria

1. Factual Possession of the Land – You will need to demonstrate sufficient degree of ‘exclusive physical control’. This is dependent on the use of the land; it may be sufficient grounds to mow the grass, plant flowers, and place signposts up for advertising. A major point that must be considered is that when you are exercising the said factual possession, you are in essence excluding the world at large when doing so. It is usual for someone to fence land off/erect locked gates in this regard; though this is not always determinative it can be exceptionally helpful.

2. Intention to Possess – You need to establish for the last 10 or 12 years that it has always been the intention to possess the land exclusively.

3. Occupation without the Owners Consent – Consent can be either formal or informal, for instance a license to occupy or a conversation confirming your use of the land.

If the above criteria are met, then you will be in a position to make an application to the Land Registry. In support of your application for adverse possession you will need to provide supporting historic evidence in the form of a statutory declaration, stating the circumstances of your occupation.

If you are considering making an application for adverse possession, contact our experienced litigation department today. Our dynamic team think outside the box to assist you in finding the best solution based on your needs and circumstances.

Enforcing A Money Judgment

After spending vast amounts of time and money in obtaining a favourable Judgment, your opponent simply does not pay your damages and/or costs? What can you do? Well not to worry as there are various steps that you can take in enforcing a money Judgment, they are as follows:-

Order the Debtor to Attend Court

The debtor will be summoned to attend Court either in front of an officer of the court or a Judge to disclose all of their income and expenditure. This will allow you to ascertain whether it is appropriate to pursue enforcing a money judgment action against the debtor following discovery of their financial position. It will save a lot of time and more importantly money to ascertain the debtor’s means, especially if the debtor has no assets or disposable income. If the debtor does have disposable assets then this will allow you to target those assets that are worth pursuing.

Third Party Debt Order (‘TPDO’)

You can apply for an ex-parte (without notice) application for the Court to freeze the money in the debtor’s bank account. This will be particularly useful as the debtor will be unaware of your actions. Upon obtaining an interim TPDO the Court will decide how the money from the account can be used towards clearing the Judgment debt.

Attachment of Earnings Order

You can request for the Court to deduct money from the debtor’s wages to contribute to the debt until it is cleared. If the application is successful, a copy of the Order will be sent to the employer, who will deduct the amount from the wages prior to the debtor receiving them. This is usually taken from any surplus income the debtor may have.

Send Bailiffs to Recover the Debt

You can instruct the court bailiffs to recover the debt from the debtor. They will provide the debtor with 7 days’ notice to clear the debt, and if the debtor fails to do so, the bailiffs will attend the debtor’s property and repossess the debtor’s items which they consider to be valuable. These items will then be placed into auction with the proceeds going to the creditor.

Obtain a Charging Order on the Debtor’s Property

If you believe the debtor has equity in their Property, you can make an application to Court to register a charge over the Property for the Judgment amount. Thereafter, if the debtor stills refuses to clear the debt you can apply to the Court for an order of sale of the Property.  

Summary

The relevant Court fees are listed in Form Ex50. All of the above methods of enforcement can be used in conjunction with one another. Therefore, it is dependent on the material facts of each individual case before deciding which method is most appropriate. Please bear in mind, you cannot commence enforcement proceedings until 14 days after Judgment or unless the Court Orders otherwise.

If you are considering enforcing your money Judgment, contact our experienced litigation department today. Our dynamic team think outside the box to assist you in finding the best solution based on your needs and circumstances.