Company Shares Held in Trust – High Court Identifies Pitfall
Company shares are often held in trust by nominees for the benefit of others, but it is vital to remember that it is only the former who have a legal right to litigate on behalf
Contract Arbitrators’ Factual Findings Accorded Judicial Respect
The decisions of contract arbitrators are accorded due respect by the courts and only in exceptional cases will judges go behind their findings of fact. That point could not have been more clearly made than
Motor Insurers Must Pay £2 Million Cost of Factory Fire
In a decision of importance to the insurance industry, the Court of Appeal has ruled that motor insurers must cover the seven-figure cost of a catastrophic factory fire that broke out whilst a mechanic was
Fair Treatment of Minority Shareholders – High Court Ruling
Minority shareholders may not have control of companies but they are entitled to fair treatment and to have a role in decision making. The High Court made that point in ordering that a businessman who
Technology Harnessed to Reduce Costs of Holiday Group Insolvency
Paperwork costs of insolvency proceedings in respect of large companies with many clients can be very high. However, one High Court case concerning a troubled group of holiday companies showed that technology can be harnessed
No Contract, No Remuneration – You May Still Owe a Duty of Care
In a decision that will be required reading for all professionals, the Court of Appeal has ruled that liability in respect of substandard services does not depend upon the existence of a contract, or even
Does Your Insurance Policy Guard Against the Risks You Want Covered?
Insurance policies are replete with small print and it is always worth getting a lawyer to check that they cover the risks that you wish to guard against. In one case exactly on point, policy
Competition Laws Analysed in Fish Industry Dispute
Fierce rivalry in the fresh and frozen fish industry was triggered by the exodus of senior staff from one company to another and led to a guideline case in which the High Court analysed the
Family Companies – It’s Never Too Soon to Start Estate Planning!
When it comes to family companies, the death of a shareholder can give rise to very serious tax consequences and, as one High Court case vividly revealed, it is never too early to seek expert
Having Building Work Done? Be Smart and Put the Contract in Writing!
There is still a tendency towards informality in domestic building contracts, although the potentially dire consequences of not having a written agreement should be common knowledge. In one case, a couple and their builder became