Can You Sue a Foreign Company in England? A Practical Guide for International Businesses Cross-border trade has never been more common. A software company in California supplies services to a business in London. A Dubai investor enters into a joint venture with a UK property developer. A Singapore company purchases manufacturing equipment from a
Obtaining Evidence in England for Use in Foreign Proceedings: What International Litigants Need to Know Modern commercial disputes rarely confine themselves to a single jurisdiction. A dispute may be fought in Switzerland whilst key witnesses are based in London. An investor may bring proceedings in Dubai only to discover that the documents required to
Minority shareholder disputes: What are your rights? While minority shareholders have limited powers under the terms of the Companies Act 2006, a dispute can cause substantial disruption to a company if it is not dealt with promptly. Disagreements can arise when shareholders object to a certain course of action, when they believe that directors
What are the duties of a company director and what happens if they are breached? Company directors have a number of duties imposed on them under the Companies Act 2006 as well as under common and other laws. Failure to carry out directors' duties can result in substantial penalties, including personal liability for
A guide to remedies for breach of contract When one party to a contract fails to fulfil their obligations under it, it's classed as a breach of contract. Where the other party suffers a loss because of this, they are entitled to ask for a remedy. Before taking action against breach of contract, it
Partnership disputes: How can I avoid a litigation case arising from a bad partnership agreement? A well-drafted agreement forms the basis of a strong partnership. By clearly setting out the rights and responsibilities of each partner, partnership disputes can often be avoided. When a new partnership is set up, sometimes the partnership agreement is
Directors’ Loan Accounts (DLAs) are a familiar feature of UK close companies. A UK close company is a private company controlled by five or fewer shareholders (or participators), or by any number of participators who are also directors. A participator is anyone with a financial interest in the company, such as a shareholder, loan
Worldwide freezing orders are a powerful tool in litigation. They prevent a respondent from disposing of or dealing with assets up to a specified value, regardless of their location or ownership. When granted promptly and on proper grounds, a worldwide freezing order can secure assets and protect the value of a potential judgment. If
The treatment of director’s loan accounts in administration or liquidation: Can DLAs be reclassified as remuneration? Case law has highlighted the dangers of the treatment of a Director’s Loan Account (“DLA”), and the risks to directors of trying to re-categorise their DLAs as salary payments. This can mean that the information previously provided to
Remedies for breach of contract: Can you claim compensation? When a commercial contract is breached, it can cause profound difficulties for a business. Knowing what remedies are available means you can protect your legal position and seek to enforce your rights or obtain compensation when this is not possible. When a contract is breached
Defamation, libel and slander: What can I do if someone attacks me or my business? What is defamation of character? Defamation is a statement about someone that lowers people’s view or opinion of that person. The person will have been identified and the statement published or distributed to a third party. A defence to
Facing corporate insolvency: What do I need to know about personal guarantees? Owners and directors of small and medium-sized businesses and start-ups are often required to sign personal guarantees in order to secure funding. Should you face corporate insolvency a personal guarantee can put all of your personal assets at risk, including your family
Director disqualification: what do I need to know? When a company director fails to carry out their legal responsibilities, they run the risk of being disqualified. This can be a lengthy procedure resulting in a period of disqualification during which it is not permitted to form, promote or manage a company. The main law
Director Disqualification: what do I need to know? When a company director fails to carry out their legal responsibilities, they run the risk of being disqualified. This can be a lengthy procedure resulting in a period of disqualification during which it is not permitted to form, promote or manage a company. The main law
What Are My Rights in Shareholder Disputes? It is often the case that disputes arise between shareholders and company directors. Those involved may have different opinions in respect of the direction of the company, be concerned about the level or risk or debt being taken on or believe that decisions are being made that
