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Pre-Trial Skirmishing Can Be as Important as the Main Event

In commercial litigation, many of the most important battles are fought before the trial even starts and those who drag their feet or fail to comply with judicial directions can find themselves hamstrung when it comes to the main event. Exactly that happened...

Failure to Point Out Business Decline Proves Costly

When a business is sold, a 'due diligence' process is normally entered into to make sure that the representations made by the seller to the buyer, on which the buyer's valuation of the business will be based, are true. Failure to be forthright in disclosures...

Act When You Think You May Have a Claim, Not When You Know For Certain

The time to seek legal advice when you think something may be wrong is when you first have a concern, not later on when you know there is a problem. One reason for this is that there are legal limitation periods for bringing claims, and in claims involving...

If You Help Fund a Claim You May Be Liable if it Fails

It is not unusual for the cost of litigation – especially where a group of companies is involved – to be paid for in whole or in part by a person or organisation that is not directly involved in the dispute. It should be remembered, however,...

Insolvency and Assignment of Causes of Action - High Court Ruling

On the basis that a bird in the hand is worth two in the bush, it is common for liquidators of insolvent companies to assign (transfer the rights to) any claims that they might wish to pursue on behalf of creditors to specialists in the field. One such...

Two Wrongs Don't Make a Right

When a contract is breached and one party suffers a loss as a result, they are normally entitled to be compensated for their loss by the party that has breached the contract. Whilst there are a number of ways the breach can be dealt with by the courts, the...

Letting Agency Fined for Breaches of Consumer Rights Legislation

Professionals who deal directly with the public are subject to a battery of consumer protection rules and failing to comply with them can be costly, both in financial and reputational terms. In one case, a letting agency that neglected to display a list of...

Banter Doesn't Create a Contract

The trouble with light-hearted discussions of important business matters in a social context is that none of those present can really be sure whether any agreements apparently reached are serious or merely a joke. Exactly that happened in one case in which...

Company Credit Status Must Stand Alone

You may think that if people of substance are behind a business you have a dispute with, this acts as a source of comfort that any sum you are awarded against the company is likely to be met, but that is not necessarily the case, as a recent dispute shows. ...

Government Makes Tendering Process Easier

The complexity and length of the tendering process for government contracts has for many years operated as a significant deterrent for small businesses that might otherwise wish to compete for lucrative public sector contracts. Recognising this issue, the...
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