A recent decision of the High Court has highlighted the need for group companies to be particularly cautious when considering whether to provide assistance for the purpose of bringing or defending claims. The court has discretion to determine by whom and to... Read more
A recent decision of the Brisbane Supreme Court reported by various news outlets has highlighted the different approach taken by other countries to the formality requirements of wills. Justice Susan Brown ruled that an unsent text message found in the... Read more
Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation  EWHC 2753 Arbitration is often favoured by parties because it offers more flexibility, including the fact that parties are able to choose the arbitrator/s to... Read more
Do you know exactly what rights and protections minority shareholders enjoy? The answer to this question is something that every entrepreneur should understand because minority shareholders have the power to cause irreparable damage to your business if... Read more
There has been some debate as to whether or not legal costs incurred in pursuing debt claims in adjudication might be recoverable under the Late Payment of Commercial Debts Interest Act 1998. In an article published last year , I counseled against any... Read more
Notification Orders - A Less Nuclear Option in Legal Cases?
We have seen a flurry of activity for injunctions and potential injunctions over the past few months. See Catherine Penny’s article in WealthBriefing about ‘Notification Orders – A Less Nuclear Option in Legal Cases?’ (subscription required) which discusses a novel alternative to seeking a freezing injunction, namely an order requiring a defendant to notify the claimant before any assets are sold or moved. READ MORE
Who bears the burden of currency fluctuation in international disputes?
Disputes involving a foreign currency may very well expose you to complexities in the Foreign Exchange Market that can leave you out of pocket. This involves both the currency of your claim for damages, and the currency for your legal costs incurred. See Lorna Sleave and Catherine Penny’s article in Corporate Disputes (subscription required). READ MORE
The role of the Small Business Commissioner (“SBC”) was created under the Enterprise Act 2016. The SBC is now available to accept complaints from small businesses with a view to helping them resolve payment disputes with larger businesses and... Read more
A working group chaired by Lady Justice Gloster has released new disclosure rules which seek to simplify the current disclosure rules. The proposed rules are the subject of a consultation which runs until 28 February 2018, after which it is intended for... Read more