Daniel Jennings Archive

Crowd funding for litigation

Since the large increases in litigation court fees and change in rules regarding recoverability of success fees under conditional fee agreements people have been looking for new ways of funding litigation; particularly large scale litigation against institutional bodies or others that may have significantly deeper pockets than they do. One avenue that has started to be explored is the question of crowd funding.

Liable for a contract by a company before it existed

Section 51 of the Companies Act 2006 replaced a corresponding provision in the Companies Act 1985 and sets the rules which provide that a company may enter into a contract before it has been incorporated; but in that circumstance unless otherwise agreed whoever signs apparently on behalf of the company will in fact be liable on the contract themselves.

My terms, no my terms

The battle of the forms traditionally leads to the last party to send their terms and conditions having those incorporated. However a recent court decision saw neither parties’ terms and conditions governed by a contract.

Malicious, defamatory reviews and reports – dealing with the issue

Business reputation has never been more important than now, with the ability of anyone to research any business before dealing with them; and the ability to circulate to the world bad reviews whether fair or unfair. Benjamin Franklin said famously “It takes many good deeds to build a good reputation, and only one bad one to lose it.” Now that might be rephrased “one bad review to lose it”
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