Recent warnings and proposals for reform around SLAPPS
Seeking to threaten or advance costly and time-consuming legal action to censor criticism is a strong-arm tactic typically used by the super-rich. Officially described as Strategic Lawsuits Against Public Participation (SLAPPs), threatening or bringing court proceedings is a well-established strategy often employed by prominent, powerful and wealthy adversaries. These proceedings are not to seek justice, […]
How best to be successful in litigation?
“To litigate” means to take a claim or dispute to a court of law, albeit with all of the inherent litigation and costs risks associated with court proceedings. “To litigate successfully” means to do so only when this represents the best available course of action, either where alternative forms of dispute resolution (ADR) have been […]
Share purchase agreements: providing a valid notice of warranty claim
Providing a party with an improperly particularised notice of warranty claim in the context of a share purchase agreement (SPA) can often give rise to a dispute in itself and, in some cases, even a potential basis upon which a claim can be struck out. This, in turn, can create unnecessary applications to the court […]
Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)
A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Partnership disputes: rights and obligations in unincorporated partnerships
What is a business partnership? According to Section 1 of the Partnership Act (PA) of 1890, a partnership is a relationship that exists between individuals who carry on a business in common with the intention of making a profit. The partners cannot decide for whether a partnership exists or not (though many partnerships will be […]
Company Money Should Not Be Spent on Shareholder Disputes
This legal update considers the case of King & Others v Kings Solutions Group Limited and Others [2022] EWHC 1099 (Ch) and one particular point which was highlighted in the judgment – whether company funds should be used to fund legal costs in a shareholder dispute. Background This appeal resulted from a protracted and intricate […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Coote v Ullstein – professional negligence claim against solicitor and barrister dismissed at court
Why is Causation so important in professional negligence claims? This is an interesting case for many reasons and particularly resonates with me. As a specialist advisor in corporate and commercial disputes, I am regularly instructed to investigate negligence claims against solicitors and other legal professionals. It surprises people to learn that just because a legal […]
Disputes about loans
It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers. The lending business is called Apple Pay Later. As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]
When shareholders are unhappy with the information they receive.
Netflix is reportedly being sued in the US because its shareholders are unhappy with information they received. What can happen when UK shareholders are unhappy with information received from the companies they have invested in?