Meeting the increase in shareholder and partnership disputes with mediation
With the UK’s economy continuing to struggle, shareholder and partnership disputes are on the rise, with ailing businesses finding it increasingly difficult to remain aligned. The use of alternative dispute resolution (ADR) such as mediation is also becoming more prevalent as a means to resolve these types of disputes without recourse to the courts and […]
Tips for choosing the right lawyer
Having a great legal adviser is the key to navigating complex issues and ensuring you get the very best results for your business or personal matters. With so many different types of law firms and individual lawyers available, it can be difficult to know which one is right for you. To make sure you choose […]
The civil court's power to order a prison sentence: a cautionary reminder for company directors
In the recent case of Olympic Council of Asia v Novans Jets LLP and others [2023] EWHC 276 (Comm) it was held by the High Court that, following the amendment of Part 81 of the Civil Procedure Rules (CPR) back in October 2020 — which deals with applications in relation to contempt of court — […]
Litigation privilege: Loreley Financing v Credit Suisse
When it comes to legal professional privilege, the parameters of exactly what is in scope can often be unclear including, until recently, whether or not the identity of persons authorised to liaise with solicitors, and to provide those solicitors with instructions, must be disclosed. In the case of Loreley Financing (Jersey) No 30 Ltd v […]
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 […]
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 […]
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 […]
Will the court agree to adjourn a hearing based on a barrister’s non-availability?
In this blog, I consider the case of Rupert St John Webster v John Francis Penley, Witherbotham Smith Penley LLP - [2021] EWHC 3198 (Ch), 2021, which involved a claimant’s application to court to adjourn an application because his barrister was not available. It is not often that an application to adjourn a hearing merits […]
The Climate Crisis and the Role of the Courts and Professional Bodies
In recent weeks, the urgency of the climate crisis has been highlighted by scientists, politicians and royalty and all eyes will be on the COP26 Glasgow conference this month to see whether the politicians will be able to negotiate a deal which is fit for purpose. As environmental issues are increasingly emphasised, more disputes about […]