The courts will assist but not protect litigants in person By Richard Forskitt, Associate Solicitor Since the changes to litigation funding through Legal Aid, and the changes to the Small Claims Court limit in 2013 (limiting the recoverability of the…
Many entrepreneurs treat their companies as their babies, lending them their private money and, if necessary, writing off such debts when times are hard. In a case of interest to the business community, a tribunal has analysed the effect of…
The insolvency of one of the companies within a contractual chain can cause major difficulties for all concerned. However, as one High Court case showed, professional drafting of agreements can provide invaluable protection against such risks. A large contractor had…
When companies hit financial trouble and are at risk of insolvency, directors owe a legal duty to consider the interests of creditors. In one case where that signally did not happen, two directors who credited their loan accounts with large…
Financial problems are very common and often mark a low in people's lives. However, as one High Court case showed, it is no good burying your head in the sand: taking professional advice at an early stage can bring peace…
Winning a legal case is one thing. Getting paid is quite another, so it makes good sense to do your homework on a defendant to make sure that they are 'good for the money' before you undertake litigation. Much information…
The Commercial Court does not take defiance of its orders lightly and has a panoply of powers to enforce obedience. In one case that proved the point, the Court ordered sequestration of an overseas company's assets and imposed prison sentences…
A woman who injured her back whilst working at a hospital in Tunbridge Wells has failed in her attempt to prevent covert video surveillance evidence being used by Maidstone and Tunbridge Wells NHS Trust in defence of her claim for…
When an insurance company obtained evidence that a claimant had fraudulently misrepresented the extent of his injuries when making a personal injury claim, it took the case all the way to the Supreme Court in order to obtain a repayment. …
Contract law abounds with disputes over whether a binding contract has been created at a point in time, and many cases have been heard in which one side to the dispute alleges that a contract has been made whilst the…