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.

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”

LIBOR – Stumbled but not fallen

More and more investors, predominantly in the property industry, are reviewing the performance of their funds and portfolios, highly sensitive to small changes in LIBOR (London Interbank Offered Rate), with the view to bringing their own claims against the implicated banks. Parties looking at bringing these claims would be well advised to keep a weather eye on two cases currently working through the courts.

Interest rate swap mis-selling: recent developments

The mis-selling of interest rate swaps (formally known as ‘Interest Rate Hedging Products’) is likely to follow PPI as the trigger for another wave of claims against banks and other financial professionals accused of selling inappropriate financial products to unsophisticated business customers. We assess the current position of such complaints and claims.

Film partnerships and developments in tax avoidance

Film partnership investment opportunities, introduced by the government to support the British Film Industry, were quickly identified as potential tax avoidance and/or tax deferral opportunities. Inevitably, these schemes have attracted a stream of HMRC enquiries, disputes and court claims. However, although HMRC has recently won a high-profile case involving a partnership scheme set up by Goldcrest Pictures, it has also offered settlement terms to individual partners of these schemes.
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