Discretion of the court when granting freezing orders
A freezing order is an interim measure granted by a court to prevent a person or business from being able to dispose of or deal with their assets prior to any judgment being enforced. These orders are wide-reaching, with the power to restrain all types of assets, including bank accounts, shares, property, land and investments, […]
Company directors can still be liable for civil contempt
In the recent decision of ADM International Sarl v Grain House International SA and Elhachmi Boutgueray [2024] EWCA Civ 33, the Court of Appeal (CA) has confirmed that company directors can still be liable for civil contempt following revisions made to Part 81 of the Civil Procedural Rules (CPR) in 2020. Below we look briefly […]
Can the court stay proceedings to allow for ADR?
In a recent decision concerning the power of the court to compel parties to enter into alternative dispute resolution (ADR), it was held by the Court of Appeal that compulsory referral by the court is an option that parties may now be faced with. Below we look at the decision in Churchill v Merthyr Tydfil […]
Claiming interest when making a claim
Claiming interest can often be overlooked when bringing a monetary claim through the courts, not least when trying to keep costs to a minimum by litigating in person, ie; without the assistance of a solicitor. Still, even though the primary concern in this context is understandably recovery of the substantive outstanding sum, if that sum is […]
How does deliberate concealment impact the law on limitation?
In the recent landmark decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, the meaning of the phrase "deliberate concealment" within a limitation context — where any fact relevant to a claim has been deliberately concealed from the claimant by the defendant — has been clarified by the Supreme Court. Below we look […]
When to use "without prejudice"
The "without prejudice" principle is a tool commonly used by legal practitioners to enable them to speak freely during settlement discussions. When used correctly, any concessions made on behalf of a client, including offers to settle, cannot usually be treated as admissions of liability if the dispute in question cannot be resolved. This is because […]
Unfair prejudice petitions and fair offers for shares
Unfair prejudice petitions are a form of statutory protection afforded to minority shareholders in the context of shareholder disputes. Accordingly, pursuant to section 994 of the Companies Act (CA) 2006, provided an aggrieved minority shareholder can show that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to […]
Strengthening Business Resilience Through Dispute Resolution Management
Disputes in business are inevitable. They can arise from various sources, from contractual disputes to competition disputes and beyond. When such disputes occur, they can have severe consequences for the affected business, including lost revenue, damaged reputation, and costly legal fees. Therefore, having a solid strategy for managing and resolving disputes is crucial to any […]
Tips for dealing with commercial disputes
Failure to resolve a commercial dispute can have serious consequences that extend beyond the immediate parties involved. If unresolved, these conflicts can lead to strained business relationships and can tarnish a company's reputation in the industry. Furthermore, prolonged disputes can result in significant financial losses due to legal fees and lost business opportunities. In the […]
Personal guarantees: will the court order that the original documents should be disclosed?
In litigation, the fundamental purpose of disclosure is to make available any evidence which either supports or undermines the respective parties' cases where, under Part 31 of the Civil Procedure Rules (CPR), parties are required to disclose to each other any documents that damage their case, as well as any helpful documents. Needless to say, […]