Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ratified by UK government The UK government has now ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It will take effect on 1 July 2025 in
Do Statutory Limitation Periods Apply to Unfair Prejudice Petitions? For several decades, the prevailing wisdom had been that unfair prejudice petitions brought under s.994 of the Companies Act were not subject to the statutory limitation periods set out in the Limitation Act 1980. This principle was highlighted in the case of Bailey v Cherry
Security for costs relating to Claimant’s based outside of England and Wales There is a general principle in litigation that the losing party will pay the successful party’s legal costs. Where a defendant has concerns that the other side may not pay their costs, they can ask the court to make a security for
Negligent Misrepresentation vs. Fraud: Understanding the Key Differences When you enter into a contract with another party, you should be able to rely on the representations that have been made to you before you enter into the agreement. If these statements have induced you to agree to the deal and they turn out to
Fraudulent misrepresentation: How to prove it and how to deal with it Fraudulent misrepresentation is the most grave type of misrepresentation and is taken very seriously by the courts. It arises when someone relies on false information presented to them and as a result enters into a contract. An example would be buying something
Do we still need lawyers now that there’s ChatGPT? AI, and more specifically ChatGPT, has exploded onto the scene, shocking individuals across a wide range of industries into asking, ‘Will it replace me?’. We take a look at whether it’s time to get rid of lawyers. The ChatGPT explosion, what it does, and where
Benefits of bringing a private prosecution if you are a victim of fraud or financial crime Individuals and businesses that have fallen victim to fraud often use the civil courts to claim damages against the fraudster. However, victims can also report the matter to the police. The difficulty is that public prosecutions can be
Directors’ personal liability for misrepresentation The current difficult economy is causing continual financial problems for many businesses. Directors are warned that entering into written agreements to make payments when they know their company is unable to meet its debts may equate to deceit under the terms of the Statute of Frauds (Amendment) Act 1828.
FAQs relating to commercial contracts post COVID-19: How do you manage commercial contract disputes following the coronavirus pandemic? 13st August 2021 Without doubt, the coronavirus pandemic has had huge repercussions on the UK economy with many businesses left reeling from both the pandemic itself and the introduction of government measures to protect the public.
A guide to winding-up proceedings: How does the process work? A winding-up petition allows a company’s creditors to attempt to recover money owed to them by having the company’s assets sold, with the proceeds used to pay outstanding debts. It is a serious step and should only be undertaken as a last resort. A
