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Director Oblivious to Record-Keeping Duties Receives Seven-Year Ban

One of the most important duties required of a company director is to keep, maintain, preserve and, if necessary, deliver up adequate accounting records. The High Court resoundingly made that point in imposing a seven-year directorship disqualification on...

Anti-Competitive Practices - Musical Instrument Supplier Receives £5 Million Fine

There will always be some who view anti-competitive business practices as an easy route to profits, but those who engage in them can expect deterrent punishments. In one case, a supplier of musical instruments was fined over £5 million for fostering a...

Waiver of Contractual Rights by Conduct - Instructive High Court Ruling

Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...

Never Personally Guarantee a Corporate Loan Without Legal Advice

Providing personal guarantees as security for corporate loans is for many businesspeople simply a price that has to be paid to achieve commercial success. As a High Court case showed , however, signing such a document is a momentous step that should never...

Alleged Victim of Push Payment Fraud Fends Off Winding Up Petition

So-called 'push payment' frauds – often involving bogus emails providing false bank account details – can be very convincing and represent a scourge on individuals and businesses alike. In a High Court case, a company alleged to have suffered one...

Aircraft Lease Arbitration Clause Comes Under High Court Microscope

Arbitration clauses are commonplace in commercial contracts and generally provide a relatively swift and cost-effective route to resolving disputes without resort to full-blown litigation. Their correct interpretation can, however, present a challenge and...

Commercial Contracts Undermined by Lockdown - Where Do Losses Fall?

Lockdowns put into force in response to the COVID-19 pandemic have rendered many commercial contracts unprofitable if not entirely inoperable. In a guideline case, the High Court considered where unforeseen losses arising under a local authority contract ...

Going into Business with a Friend? Never Dispense with Legal Advice

If you are going into business with a friend or family member you trust, you may think there is no need to consult a solicitor so that arrangements between you can be formalised in writing. A High Court ruling, however, showed exactly why that is such a...

Whether Contracting with Friend or Foe, Legal Formality Always Matters

Even experienced businesspeople are all too often tempted to dispense with legal formality and do oral deals with those they know and trust. As a High Court case underlined , however, friendships have a nasty habit of turning sour and such arrangements are...

High Court Ruling Underlines the Benefits of English Arbitration Clauses

As a guideline High Court decision emphasised , the greatest advantage of including English arbitration clauses in commercial contracts is that they prevent litigation from proliferating around the world and focus dispute resolution on a single,...
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