Showing 1 - 10 of 40
A summary of recent developments and commercially impactful court decisions, raising issues in relation to the new disclosure pilot scheme for commercial disputes, the HMRCs reinstatement as a secondary preferential creditor, a voluntary capped costs pilot, vicarious liability of employers, a Scottish consultation on success fee costs in employment and commercial disputes, and the latest video hearings pilot scheme.
A mandatory pilot scheme for disclosure, part of the wider court modernisation process, has commenced in the Business and Property Courts, requiring a change to how a party discloses documents in commercial disputes.
Companies are increasingly questioning why their contracts and customer and supplier interactions cannot be entirely paperless. Whilst legislation and case law would suggest that it is possible, uncertainty remains around the legal status of e-signatures, especially where legislation requires a document to be ‘signed’ or executed as a deed.
Just how successful will the government’s negotiators be, in the run up to the final stages of the Brexit negotiations?
Brexit provides economic threats to exporters, with such things as higher tariffs, and stricter border checks and packaging regulations.
Case review 24/10/2018
The Court of Appeal have unanimously refused permission for the judicial review of a local authority decision to grant a lease extension, due to the failure to support an allegation that it amounted to state aid.
We have seen an increasing number of disputes concerning commercial contracts that have not accurately reflected the intentions of the parties.
Case review 17/08/2018
Patrick Cowley and Anor (The Joint and Several Trustees in Bankruptcy of the Property of the Bankrupt) v All Powerful Holding Ltd and Anor HCB 104/2017 (1 August 2018)
Alleged mis-selling with a trusts twist – extra risks for banks in providing “one stop shop” services for wealthy individuals?
Wealthy individuals maintain a private banking account, through which they buy high risk investment products on margin. The markets then fall. The assets held in the account fall in value. Margin calls are made by the bank. The wealthy individuals then allege that the bank should not have sold such products to them.