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Nicola Bridge and Felicity Crowe assess the impact of directors’ duties ‘Since the codification of the common law and equitable directors duties in the Companies Act 2006 (the Act), it is much easier for directors to identify the duties that they owe the company.’ Directors are appointed by shareholders to manage the business and affairs …
Continue reading "Company Law: Doing your duty"
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Siobhan Almond looks at recent developments in e-Disclosure ‘Carrying out a search of all electronic data is certainly not the default position; it has to be considered in the usual context of relevance and proportionality.’ The observation by Lord Justice Jackson that: ‘e-Disclosure is inevitable’ referred to the fact that e-disclosure, and its impact on …
Continue reading "Disclosure: Hands off my hard drive"
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Damian Cadman-Jones considers what to look out for when terminating contracts ‘If you terminate a contract part way through a minimum term then you will usually have to pay a cancellation fee.’OFCOM’s proposed ban on contracts for landline and broadband providers that tie customers into repeated minimum contract periods unless they opt out is most …
Continue reading "Contract: It’s good to talk"
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Ron Cheriyan examines recent developments in the setting aside of default judgments ‘The potential for judgments to be set aside is a very real prospect that should not be underestimated. As more cases are issued in bulk, it is not difficult for institutions to lose track of individual claims.’To obtain judgment in default is to …
Continue reading "Civil Procedure: Slip of the mind"
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Michael Morton reviews recent arguments on security for costs ‘A successful application for security can kill off a claim as the claimant struggles to put together the funds to meet the security requirements together with the funds needed for their own costs.’Even with a strong body of rules, regulations, guidance and case law, judicial decisions …
Continue reading "Practice: A balancing act"
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Nick Rowles-Davies discusses the future of third-party funding ‘Third-party litigation funding is the process by which a funder, unconnected to the parties to the litigation, provides the financial resources to a client to pay their legal fees in return for a share of the proceeds of the successful claim.’As law firms try to climb out …
Continue reading "Funding: Counting the cost(s)"
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Dominic Swallow and Christopher Perry contemplate the brave new world of costs management ‘While management of costs by the court may appear draconian, early adopters, particularly those involved within the Birmingham pilot, have discovered that there are significant cross-benefits in relation to providing clients with costs information.’ In these times of economic and legal change …
Continue reading "Costs: By order of the management"
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Clare Arthurs discusses the implications of the Keydata case ‘Finding joint interest privilege where no joint retainer exists might place lawyers in a difficult position both contractually and in terms of potential conflicts.’ Drawing the line between the interests of a company and those of its human agents can be difficult. In many cases the …
Continue reading "Privilege: Hear no evil, see no evil"
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Peter Brewer looks at the liability of association members ‘Typically, creditors will choose the members with the highest profile within the organisation (such as committee members) or, simply, those with the deepest pockets. Inevitably, certain members will find themselves more vulnerable than others.’You don’t have to try very hard to find unincorporated associations all around …
Continue reading "Insolvency: In the club"
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Ben Holland assesses the impact of Excalibur v Texas Keystone Inc ‘In Excalibur, Gloster J ruled that, due to the existence of exceptional circumstances, the Commercial Court had jurisdiction to determine whether an arbitration agreement was valid.’ It is rare for the English courts to impose an injunction preventing parties from conducting an arbitration. This …
Continue reading "Arbitration: Lady in the lake"
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