Found you! – Peering behind the corporate veil

8 November 2018

In dismissing a defendant’s ‘corporate veil’ defence, the High Court has made it clear that it can and will allow claims to be made against directors and shareholders in the appropriate circumstances (Palmer Birch v Lloyd & Anor [2018] EWHC 2316 (TCC).

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Security for Costs – Cash is King

8 November 2018

In a further blow to Claimants responding to demands for security for costs, the High Court has ruled that where security for costs is to be provided by way of a Deed of Indemnity rather than a payment into court, the Court can in its discretion require that the indemnity should cover all the Defendant’s costs.

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Money, money, money: It’s a rich man’s world!

8 November 2018

Incorporated into UK law in January 2018 as part of the Criminal Finances Act 2017, unexplained wealth orders can compel someone to reveal the sources of their unexplained wealth. Recent decisions highlight the value of this powerful weapon in the war against dirty money.

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A strict interpretation

23 October 2018

The Bou Simon v BGC Brokers LP case proves a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract.

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Hands off, its mine! Beneficial interests vs creditors’ rights

19 October 2018

Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests.

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Justice delayed is justice denied: the Shorter Trials Scheme and Flexible Trials Scheme are here to stay

3 October 2018

Following a successful three year pilot, the Shorter Trials Scheme (STS) and Flexible Trials Scheme (FTS) are becoming permanent. From 1 October 2018, companies will be able to utilise the STS and FTS in all Business and Property Courts nationwide, bringing exciting alternatives to full-blown litigation for businesses wishing to resolve disputes quickly and affordably.

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FRC v Sports Direct – the latest update of legal privilege

3 October 2018

Following the recent Court of Appeal decision in SFO v ERNC, a further landmark decision as to the scope of privilege has been made by the High Court in The Financial Reporting Council Limited v Sports Direct.

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A real risk, but how likely is it?

3 October 2018

The Court of Appeal has confirmed that where it is found that a defendant is entitled to security for its costs, the quantum of security should not be calculated by reference to a “sliding scale” depending on the likelihood of non-enforcement.

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Be careful when hitting Delete

3 October 2018

The importance of handling personal data with care was highlighted again recently with the High Court’s decision in Sabados v Facebook Ireland in which the court ordered Facebook to disclose the identity of the person who requested the deletion of a Facebook profile and the personal information it contained.

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Little faith to be had in implied terms of good faith

3 October 2018

In a decision which will be welcomed by lenders, the High Court held in Standish & Ors v The Royal Bank of Scotland plc & Sig Number 2 Ltd (formerly West Register Number 2 Ltd) (RBS and West Register) that there was no general equitable duty for mortgagors to act in good faith.

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