Who is the true owner of goods if they have been stolen and then sold on?
If goods have been stolen and sold on, it can be important to know what happens to the title of stolen goods if purchased by a third party and what legal action can be taken in these circumstances, from applying for a freezing order to obtaining an order for delivery up. Below we look briefly […]
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 […]
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 […]
The deadlock dilemma: going into business as a 50/50 shareholder
When two individuals, often friends or family, decide to start a business together, they often opt for a 50/50 split of ownership. This seems fair and logical, as both owners are entitled to equal profits and share the responsibilities of running the business. However, this equal partnership can lead to a deadlock dilemma when differences […]
Maintain Your Business Relationships While Pursuing Legal Claims
In the business world, relationships are everything. Maintaining good relationships with your clients, suppliers, and partners is critical for the success of your business. However, sometimes, disputes arise, and legal action becomes necessary to protect your interests. But can you bring a legal claim against a third party and still maintain good commercial relationships? In […]
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, […]
Meeting the increase in shareholder and partnership disputes with mediation
With the UK’s economy continuing to struggle, shareholder and partnership disputes are on the rise, with ailing businesses finding it increasingly difficult to remain aligned. The use of alternative dispute resolution (ADR) such as mediation is also becoming more prevalent as a means to resolve these types of disputes without recourse to the courts and […]
The essential ingredients of unfair prejudice petitions
When it comes to running a company, corporate decision-making is predominantly down to the company directors and majority shareholders. Still, even those with a minority shareholding are entitled to some limited say. More importantly, if the company's affairs are being conducted in a manner that is unfairly prejudicial, minority shareholders can petition to the court […]
The civil court's power to order a prison sentence: a cautionary reminder for company directors
In the recent case of Olympic Council of Asia v Novans Jets LLP and others [2023] EWHC 276 (Comm) it was held by the High Court that, following the amendment of Part 81 of the Civil Procedure Rules (CPR) back in October 2020 — which deals with applications in relation to contempt of court — […]