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Court Refuses to Strike Out Deceit Claim in Business Sale

The High Court has refused an application for summary judgment on a claim of deceit in relation to the sale of a business, or alternatively to strike out the claim. The claimant had acquired a health business from the defendants. It claimed that it had...

Freezing Order Discharged Due to Lack of Full and Frank Disclosure

The High Court has discharged a worldwide freezing order and an access and imaging order applied for without notice against a holding company and one of its directors, finding that the application had been made without full and frank disclosure. The...

Late Appeal Against Import Duty and VAT Demands Rejected

A case in which the First-tier Tribunal (FTT) refused a company permission to make a late appeal against demands for import duty and VAT serves as a warning to businesses to ensure they understand their potential liabilities and, if they wish to appeal a...

CAT Grants Applications for Search Warrants

The Competition Appeals Tribunal (CAT) has granted applications for six search warrants under Section 28(1)(b) of the Competition Act 1998 , in a case which illustrates how such applications are dealt with. The Competition and Markets Authority (CMA) had...

Permission to Serve Claim Upheld in Overseas Debt Case

The courts have a panoply of powers at their disposal to assist with the collection of debts. Recently, the High Court rejected an application to set aside an order granting permission for a Chinese company to serve debt enforcement proceedings on a UK...

Debt Advice Company Fined for Unsolicited Texts

Businesses that rely on data supplied by third parties for marketing purposes should undertake timely due diligence to ensure that the necessary consent for such use has been obtained. The consequences of failing to do so were demonstrated recently when the...

Supreme Court Confirms 'Immovables Rule' in Bankruptcy Case

In a case concerning whether a property in England fell within the scope of a bankruptcy order made in Russia, the Supreme Court has confirmed that, subject to certain exceptions provided for in legislation, interests in land and other immovable property...

High Court Rules Disputed Property Was Partnership Asset

Partners in a partnership would be well advised to keep comprehensive documentation at every stage in case disagreements arise in the future. In a recent case, whether or not a residential property was a partnership asset became the subject of extended court...

Car Loan Commissions Repayable, Court of Appeal Rules

In a ruling which will have wide implications for providers of finance, the Court of Appeal has ruled that three purchasers of cars are entitled to be repaid the commission paid from the lenders to the dealers in respect of their car loans. The purchasers...

Councils Secure Continuation of Injunction Against Protests

The courts have powers to deal with protests or other actions that disrupt the day-to-day activities of people and organisations, even when those responsible cannot be identified. Recently, the High Court granted a continued injunction against persons...
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