Benefits of bringing a private prosecution if you are a victim of fraud or financial crime
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 slow-moving if they are brought at all and the fraudster may simply have moved the money out of reach by the time a case reaches
Directors’ personal liability for misrepresentation
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. This could result in personal liability for the director who has made an implied representation about his company’s ability to pay. Case law The case
Misrepresentation in contract law: A brief on negligent, innocent and fraudulent statements
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As a minority shareholder, how can I enforce my rights?
As a minority shareholder, how can I enforce my rights? The relationship between majority and minority shareholders is not always an easy one. Majority shareholders often want to run the business in the way that they see fit and without interference, while minority shareholders may feel that major decisions are being made without any accountability and that the company is being run to benefit only the majority. Minority shareholders may also have criticisms over the competence of those in
Flexible working and Covid-19: What are the rules on returning to the office?
Flexible working and Covid-19: What are the rules on returning to the office? When Covid-19 restrictions were lifted on 19 July 2021, it was open to workers in England to return to the office or other workplace. A gradual return was recommended by the government, with employers required to follow official safety guidelines for keeping employees safe. Employers can decide whether they want workers to return, with the prime minister saying it is up to businesses and their staff
The Government is to end temporary insolvency measures for UK companies post Covid-19
The Government is to end temporary insolvency measures for UK companies post Covid-19 22nd September 2021 The government has announced that from 1 October 2021 it will be phasing out the temporary measures that were brought in to protect businesses from insolvency during the Covid-19 crisis. The measures were introduced in June last year in the Corporate Insolvency and Governance Act 2020 to prevent businesses that were essentially viable from being lost during periods of enforced lockdown. The Act
FAQs relating to commercial contracts post COVID-19
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. Many enterprises have found it difficult to continue operating; supply chains have been and still are disrupted; events have been cancelled, and businesses have been
Landlords and tenants: Government issues a new policy on ‘ringfencing’ rent debt accrued during the pandemic
Landlords and tenants: Government issues a new policy on ‘ringfencing’ rent debt accrued during the pandemic closures. 17th August 2021 On 4 August 2021, the UK Government updated their policy on supporting businesses with commercial rent debts. The Government says the aim is to ‘provide the breathing space needed’ for negotiations between tenants and landlords as they try to resolve the issue of £7.5 billion of commercial rent that is in arrears, according to estimates by the British Property