Small Claims Limit Due to Rise
At the moment, any claim (that does not involve personal injury) which is valued at less than £5,000 is deemed to be a ‘small claim’ and will be dealt with by the ‘small claims court’ The fundamental element of the … Continue reading
Director Held Personally Liable for Company’s Non Compliance of Court Order
A recent case has demonstrated the potential consequences for directors of a corporate defendant that fails to comply with a Court Order. In the case of The Lord Mayor and the Citizens of the City of Westminster v Addbins Limited … Continue reading
Residential landlord handed maximum penalty for “minor” breach
A residential landlord who failed to provide his tenant with all the prescribed information relating to his deposit within the 30 day limit has been handed the maximum penalty possible by the Court of Appeal. Most residential landlords will know … Continue reading
From CFA to Contingency
In April 2013, civil litigation will face some of its biggest ever changes to funding. One of the most controversial reforms is the change to the Conditional Fee Agreement (CFA) approach to funding civil litigation. These are commonly known as … Continue reading
Failing to Prevent Bribery – Are You at Risk?
The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. However, … Continue reading
Going into Partnership–Our 5 Top Tips
We decided to put together 5 top tips on partnership to be tweeted one a day last week. Whilst it was fun trying to condense that vast body of law that is partnership into 5 snippets of 140 characters each, … Continue reading
Case Shows Difficulty of Removing an Administrator
If a creditor of an insolvent business believes that their position could be improved by the administrator of the business taking legal action, but the administrator refuses to do so, relations between the administrator and the parties affected by the … Continue reading
Company Must Follow Rules
When a company is in financial difficulties, the details of its internal regulations tend to be near the bottom of the list of considerations when directors are making decisions. Regrettably, company law does not make allowances for this, which led … Continue reading
Director Pays Price for Private Arrangement with Customer
The law relating to the fiduciary duties of directors is stricter than many company directors might think, as a recent case illustrates. The director of a company was given the loan of ‘a second-hand excavator and dumper’ for his personal … Continue reading
Court Takes Commonsense View of Delivery of Notice Clause
When a dispute arises under a contract and notices or other documents have to be delivered to the other side in the dispute, in order to avoid problems it is essential that these are delivered in accordance with the contract … Continue reading