A recent case dealt with the vexed question of how similar one’s advertising can be to the trade marks of another company before this constitutes an infringement of its intellectual property rights. When supermarket giant ASDA sought to break into…
Businesses should be made aware that making misleading claims in their advertising is illegal. The High Court, in judicial review proceedings, has recently held that the Advertising Standards Authority (ASA) was entitled to find that a company had breached the…
When a man was worried that his creditors would not approve his proposals for an Individual Voluntary Arrangement (IVA), he took innovative steps to ensure that when the meeting of creditors was held a majority of them voted for it.…
A recent case dealt with the thankfully rare circumstance of someone buying a property without knowing that the vendor is a bankrupt. When the buyer bought the property, the search of the title at the Land Registry did not show…
A company director who was misled into signing a guarantee over a lease, when he thought he was merely witnessing his fellow director’s signature, has escaped liability under the guarantee. Joshua Yardley signed the guarantee, over a 35-year lease on…
When a mortgage brokerage agrees to arrange finance for a customer, does that mean that it has provided a guarantee that the required funding will be found? This question was the subject of a recent case in the Court of…
When a transaction occurred that should have aroused suspicion, the subsequent investigation by the Financial Services Authority (FSA) led to fines for three of the people involved. The transaction involved the sale of a 13.3 per cent holding in pub…
With the economy still struggling, dubious business practices can be expected to be more common than normal, as is evidenced by the expulsion from the Institute of Chartered Accountants in England and Wales of two members who have each recently been…
Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty of the offence of corporate manslaughter (corporate culpable homicide in Scotland) if the way in which it manages or organises its activities causes a death and amounts…
When an adjudicator in a construction dispute gives a ruling, the decision can only be appealed on a limited number of grounds. One of these is ‘breach of natural justice’, which means that the adjudicator’s decision is so obviously flawed…