Commercial disputes

Search

Commercial disputes blog

Partnership v Company – piercing the corporate veil

12 Dec, 2018
It has long been argued that a company is preferable to a traditional partnership because of the protection from liability it offers to its directors / shareholders (the...
Read more

Commercial disputes blog

Budget prefers HMRC in insolvency

28 Nov, 2018
  Much of the legal analysis on the impact of the recent Budget has focused on the announcement of changes to Entrepreneur’s Relief that will have a significant impact on...
Read more

Commercial disputes blog

Why everyone should have interest on their radar

5 Nov, 2018
  Most commercial contracts provide for the consequences of late payment and will have a contractual interest provision, but not all businesses realise that if business to...
Read more

Commercial disputes blog

Responding to Attacks Online: Fight Fire with Fire?

9 Oct, 2018
    What’s the correct response if someone attacks you online? The knee-jerk reaction to a damaging comment may be to post an immediate public reply; attack them in a...
Read more

Commercial disputes blog

How to avoid personal liability – a guide for company directors

28 Sep, 2018
How to avoid personal liability – a guide for company directors     Limited liability in a company context means limited liability for shareholders but not for directors...
Read more

Commercial disputes blog

The Risks of Social Media and the Value of an Apology

19 Sep, 2018
It was reported by The Guardian newspaper this weekend that controversial commentator Katie Hopkins has had to take steps to avoid bankruptcy following her costly libel case in...
Read more

Commercial disputes blog

Capturing and Preserving Evidence in Defamation Claims

10 Sep, 2018
One of the most common mistakes made in any dispute is to fail to capture and preserve evidence at an early stage.   Unless you’ve been involved in litigation before...
Read more

Commercial disputes blog

The Perils of Partnership Law

30 Aug, 2018
  It is surprisingly easy to enter into a business partnership and you can do so with very little formality.  It can be as easy as saying the wrong thing in a business...
Read more

Commercial disputes blog

The potential for predictive coding to save time & costs!

26 Jul, 2018
Predictive coding can be used in litigation to help with the document review process in order to reduce time and costs.   Predictive coding is a machine-learning algorithm...
Read more

Commercial disputes blog

How do the courts deal with the victims of invoice fraud?

17 Jul, 2018
We are continuing to regularly hear about incidents of invoice fraud as discussed in my previous article here.  The usual scenario is where a customer intends to make payment to a...
Read more

Commercial disputes blog

English courts seek to maintain international custom post-Brexit

10 Jul, 2018
by: Cripps
The legal services industry is an important part of the UK economy. England and Wales in particular is the jurisdiction and law of choice for many international business...
Read more

Commercial disputes blog

Excessive directors’ pay and unfair dividends – what can a minority shareholder do?

12 Jun, 2018
Owner / managers of businesses are entitled to be paid for their management role but this pay must not be unfair in relation to shareholders who are not managers   A common...
Read more

Commercial disputes blog

The Risks of using Social media: Defamation

1 Jun, 2018
  If you’re careless about what you post online (regardless of intention) you will be held liable for your actions where that  comment is defamatory (i.e. it is untrue and...
Read more

Commercial disputes blog

#Fakenews: Real Damage - Tackling Online Defamation

22 May, 2018
In a #fakenews climate, it can be difficult online to identify the truth.   Comments made on social media, either deliberately (sometimes maliciously), or carelessly as to the...
Read more

Commercial disputes blog

The Importance of Partnership Agreements for GP Practices

2 May, 2018
There can be many benefits to both an individual GP and to a practice, of a GP being appointed as a new partner.  But once the decision has been made for a GP practice to take on...
Read more

Commercial disputes blog

Service of documents by email – follow the court rules

9 Apr, 2018
by: Cripps
  The Civil Procedure Rules do not allow documents to be served via e-mail unless the other side expressly agrees to accept e-mail service. Where there is no express...
Read more

Commercial disputes blog

Shareholders behaving badly in s.994 petitions

29 Mar, 2018
  When does a petitioner’s conduct in shareholder litigation merit a penalty in terms of legal costs?  The case of Re Tradeouts Ltd (2018) provides some answers.  ...
Read more

Commercial disputes blog

Intellectual Property Claims are on the Rise: mitigating the risks to your business

22 Mar, 2018
  The number of claims heard by the specialist Intellectual Property court in England and Wales (IPEC) hit a record high last year. This correlates with an increased...
Read more

Commercial disputes blog

Facebook Faces Consumer Action

5 Mar, 2018
Following a recent EU ruling, ‘privacy activist’, Max Schrems, can bring an individual action as a consumer against Facebook.  However, he cannot bring a class action on...
Read more

Commercial disputes blog

The Power of Injunctions – avoiding a trial

9 Feb, 2018
Injunctions are often called the ‘nuclear weapons’ of litigation.  A recent case concerning the disclosure of documents shows the power that injunctions can have. In this case...
Read more