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In share purchase agreements (SPA), provision is usually included for the buyer to give notice of a potential claim for a breach of warranty within a certain time period by providing details of the nature of the claim, with sufficient detail. The...
In our last article on unfair prejudice petitions , we covered what exactly the petitions are, who can bring a petition for unfair prejudice and what the test is to demonstrate unfair prejudice. In this article, we will examine the remedies available to a...
Shareholders of a company can sometimes be subjected to unfair prejudice because of the conduct of the directors or fellow shareholders of the company. Traditionally, unfair prejudice petitions have been a tool used by minority shareholder to protect their...
In a landmark decision bringing conclusion to the trial of the former directors of British Home Stores Group, the court has held the former directors joint and severally liable for breaches of their statutory duties which caused the company to wrongfully...
In the recent case of Northamber PLC V Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the conduct of parties in refusing to mediate. The court found that silence in the fact of an offer to mediate can have an impact on...
When faced with an unpaid invoice, or a series of unpaid invoices with a persistent debtor, the obvious first action is to chase the debtor for payment. However, we understand that despite your best efforts, sometimes your efforts may not be fruitful. It...
In civil proceedings, the general costs position is that the losing party pays the winning party’s costs. That being said, this position can be deviated from, and it is important to note that the court has the power to make any order as to costs that...
Under Section 859A of the Companies Act 2006, a company that has created a registrable charge (or, any person interested in that charge), may deliver to the Registrar of Companies a section 859D statement of particulars for registration of that charge. ...
Occasionally, mistakes are made by professionals. Typically, professional negligence claims are often thought to relate to the more common professions, such as law, accountancy or architects professions. However, professional negligence claims can relate...
The issue of late payments continues to plague thousands of small business owners across the UK. On average, most small and medium-sized enterprises (SMEs) are awaiting a backlog of payments of around £27,000, which equates to around one...
Put simply, intellectual property (IP) is property created by use of the mind, such as inventions, designs, literary and artistic works, images, symbols and so on. Just like other forms of property, particularly tangible property, intellectual property...
Passing off is a civil tort falling within the realms of intellectual property law. Put simply, it is when one party misrepresents that its goods or services are those of another party. Passing off can be deliberate or innocent, however the customer is...
Personal data breach claims come in many different forms: a letter sent to the wrong address, personal information disclosed to a third party, but the unanswered question, is how do these often small, sometimes relatively insignificant breaches, attract...
Copyright is an intellectual property (IP) right that occurs automatically upon creation of a particular type of work. It protects the copyright owner (or the author), from others copying or reproducing their work. What works are...
