Can a professional be held accountable for advice given before a contract is agreed?
It is common knowledge that solicitors and other professionals can be held accountable if they fail to perform their responsibilities to the required standard or breach their duty of care. This includes providing negligent advice given during a retainer to act on a client’s behalf. However, how far does this negligence stretch to a professional […]
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 […]
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, […]
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 — […]
The importance of limitation periods
Most limitation periods impose strict time limits within which a claim must be brought. As such, it is essential for any potential party to litigation to be fully appraised of how these time limits work in practice. The following guide provides an overview of the key limitation issues to consider when bringing or defending a […]
In determining an intention to create legal relations "context is all"
Is it possible for a professional to seek recovery of their fees if their client has not signed their contract? This was the issue that the court considered I the recent case of Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm). Introduction It is trite law that when deciding whether a contract […]
Enforcing judgments against defendants with empty pockets
At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]
Share purchase agreements: providing a valid notice of warranty claim
Providing a party with an improperly particularised notice of warranty claim in the context of a share purchase agreement (SPA) can often give rise to a dispute in itself and, in some cases, even a potential basis upon which a claim can be struck out. This, in turn, can create unnecessary applications to the court […]
Disputes about loans
It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers. The lending business is called Apple Pay Later. As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]
Winding up petitions: new restrictions
The current restrictions on winding up petitions are due to expire on 30 September 2021. They will be replaced by more limited restrictions which are set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021. According to the Insolvency Service, the changes are aimed at helping High Street […]