Commercial disputes
Professional negligence: 9 facts about adjudication
ADR is an umbrella term which covers many different ways to solve a dispute. Some examples include mediation or adjudication. The goal of each is to resolve a case before trial.
The Shorter Trials Scheme Beyond piloting; a budget airline approach to litigation
The Shorter Trials Scheme (STS) aims to limit the time spent when businesses are locked in litigation. The aim was to allow ‘lighter’ cases to move faster through the courts, hopefully reflecting a more commercial approach. Whether the STS is appropriate depends on the case though.
Can the Court require you to use alternative dispute resolution?
Alternative Dispute Resolution (ADR) is a very important way of trying to achieve settlement of disputes. Parties in dispute can step away from the red mist of preparing for trial to try to reach a sensible commercial compromise.
Corporate divorce: prepare for the worst, hope for the best
When people think about exiting a business, they assume that all will be straightforward; negotiations amicable; their contribution and efforts will be recognised, and there will be a ready willingness and ability to pay what that person thinks they are owed.
Restrictive covenants: can an ex-employer stop you from working for a competitor?
In 2016 we successfully defended a claim for £10m brought against five ex-Affinity IFAs for alleged breach of 12 month covenants. The claim was withdrawn part way through trial and we recovered indemnity costs for our clients.
Financial Ombudsman - Fixed fees and contingent fees for FOS referrals
The Financial Ombudsman Service has extended its scope and can now require financial services businesses to pay compensation of up to £350,000. It also covers more customers: still individuals but now small to medium size businesses as well as micro enterprises.
Did the local bank manager have authority to write off debts of £3m?
In a recent case a property developer who owed over £4.5m to his lender tried to argue that a local manager had agreed to accept sale proceeds of just £1.5m in settlement of the whole debt. The bank claimed that the manager had no authority to write off £3m and alleged that there had been collusion and fraud between the borrower and a bank employee.
Arcadia and its pension schemes: The Results
All seven of the proposed company voluntary arrangements (CVAs) in respect of the Arcadia Group were approved last week, on 12 June 2019. The vote had been delayed by a week in order for Sir Philip Green to negotiate with its landlords such that the proposals would be accepted.
IR35 – The Latest – A £1.2m blow for HMRC
The development of the Intermediaries Regulations (IR35) and its impact on personal service companies has been a hot topic in recent years.
Gold Bullion Schemes and the Loan Charge
As we draw nearer to the 5 April 2019 and the implementation of the Loan Charge, a number of more convoluted Employee Benefit Trust (EBT) tax planning structures are being found to be affected and have thus drawn increasing interest from HMRC.
