Understanding Part 36 Offers Through Hugh Grant’s Legal Battle
In the world of litigation, navigating the complexities of settlement offers, court rules, and the potential risks and rewards of proceeding to trial can be a daunting task. The case of Hugh Grant versus The Sun publisher, News Group Newspapers (NGN), serves as a prime example of the strategic decisions involved in legal disputes and […]
Do statutory limitation periods apply to unfair prejudice claims?
The "received wisdom" for several decades has been that unfair prejudice petitions under section 994 of the Companies Act 2006 are not subject to periods of limitation. However, in the landmark decision of the Court of Appeal (CA) in THG Plc v Zedra Trust Co (Jersey) Ltd [2024] EWCA Civ 158 (handed down on 23 […]
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 […]
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 […]
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, […]
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 […]
Tips for choosing the right lawyer
Having a great legal adviser is the key to navigating complex issues and ensuring you get the very best results for your business or personal matters. With so many different types of law firms and individual lawyers available, it can be difficult to know which one is right for you. To make sure you choose […]
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 — […]
Litigation privilege: Loreley Financing v Credit Suisse
When it comes to legal professional privilege, the parameters of exactly what is in scope can often be unclear including, until recently, whether or not the identity of persons authorised to liaise with solicitors, and to provide those solicitors with instructions, must be disclosed. In the case of Loreley Financing (Jersey) No 30 Ltd v […]