Commercial disputes
Avoiding liability even where there is negligence
The recent case of Manchester Building Society v Grant Thornton 2018 is a striking example of the inability to recover certain losses from a professional adviser, even where their advice has been negligent.
Commercial disputes: shorter trials scheme
Should the courts work faster? Reaching trial sooner may be more of an advantage to the Claimant, if the Defendant is happier dragging a claim out to put off the evil day, but the courts are nonetheless trying to provide ways to get there more quickly and at less cost.
The Courts in London have been piloting a Shorter Trials Scheme (STS). “Shorter” here means coming to trial no later than 10 months after issue of the claim.
Insurance claims: legitimate investigations or rogue practices?
It is a common perception that insurers can be quick to decline cover. Recent publicity of an overly keen loss adjuster will only add fuel to that jaundiced view of insurers’ approach to their legal and regulatory obligations.
2019 Loan Charge Frequently Asked Questions
Since our first article about the 2019 Loan Charge, we have received a number of enquiries and common issues have appeared. This FAQ addresses some of the points we have experienced with clients in relation to the 2019 Loan Charge.
Is your business still reliant on Trail Commission?
In its Asset Management Market Study – Feedback and Final Rules to CP17/18, issued yesterday [5 April 2018], the Financial Conduct Authority (‘FCA’) confirmed its position remains unchanged in respect of trail commission applicable to pre 31 December 2012 products.
Off your balance sheet and onto theirs
It is not just small businesses that wish to avoid the costs of litigation. Even large, multi-national companies, are recognising the benefit of taking the costs of litigation off their balance sheet to ensure valuable capital remains firmly invested.
Settlements - babies and bath water
When settling a dispute it is usual for the defendant to seek the widest possible waiver of all claims that might be brought against them in the future. If the dispute is a genuine ‘one-off’, that might be thought acceptable, but if an unforeseen claim later arises you could be shut out from that claim due to the width of the waiver you signed when settling the earlier claim. Can it ever be sensible to settle beyond the identified dispute? The case below makes the point.
Legal privilege - Keeping things private
When your business is under investigation or in dispute, there are likely to be some documents you would prefer to keep private. However, investigatory powers and the court rules governing disputes often mean that is impossible.
IR35 Tax – The end of the Personal Service Company?
The personal service company of actor, Robert Glenister, lost its preliminary issue hearing against HMRC which means that HMRC can levy income tax and NI Contributions on monies earned by contractors who have provided services through limited companies.
Is the Law Society liable if its “Find a Solicitor” website gives incorrect information?
When trying to avoid conveyancing fraud it has been good practice for many years to check that the seller is represented by a genuine solicitor. We have seen too many examples of mortgage fraud in which fake solicitors have absconded with purchase monies.
