Fraudulent misrepresentation and conspiracy case looks at elements of deceit
Fraudulent misrepresentation and conspiracy case looks at elements of deceit A recent fraudulent misrepresentation and unlawful means conspiracy case has looked at the elements needed to prove a claim. A hearing in the case of GI Globinvestment Ltd & ors v Federico Faleschini & ors [2024] examined whether the claimants’ case against some of the defendants had a realistic prospect of success or whether it should be struck out. The facts The claimants are father and son businessmen, Matteo
The new Economic Crime and Corporate Transparency Act 2023 and its impact
The new Economic Crime and Corporate Transparency Act 2023 and its impact The Economic Crime and Corporate Transparency Act 2023 (ECCTA) has received Royal Assent. The new act aims to stop organised criminals, fraudsters, kleptocrats and terrorists from using corporate bodies such as companies and partnerships for their purposes. It is also intended to give prosecuting authorities such as the Serious Fraud Squad more power to investigate and prosecute corporate financial crime and failures to prevent fraud. Companies and
Shareholder rights and remedies: How can I resolve a shareholder dispute?
Shareholder remedies: How can I resolve a shareholder dispute? When a shareholder’s rights have not been observed by a company and/or its directors, it is possible for them to ask the court to impose a fair remedy. There are three bases on which an application can be made to the court for shareholder remedies by a shareholder who seeks justice, namely an unfair prejudice petition, a derivative claim and a petition for winding-up on just and equitable grounds. Lincoln & Rowe
Misrepresentation and the 11 facts you need to know
Misrepresentation and the 11 facts you need to know When someone is induced to enter into a contract because of a false statement made to them by the other party to the contract and they subsequently suffer a loss because of their reliance on that false statement, they are a victim of misrepresentation. A legal claim can be made requesting that the court award damages or rescission of the contract. The best way to avoid falling into the misrepresentation
Security for costs relating to Claimant’s based outside of England and Wales
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 costs order. This will require the claimant to pay money into court so that it can be paid to the defendant if they are awarded
Breach of contract explained and the 7 questions you need to ask
Breach of contract explained and the 7 questions you need to ask Contracts form the basis of legal agreements in all areas of life. They do not have to be in writing, although most are, particularly when dealing with business matters. Every valid contract must have four key elements: offer, acceptance, consideration (ie. something of value such as payment) and intention. What is breach of contract? Once two or more parties have entered into a valid contract, they are
Director Disqualification: what do I need to know?
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 governing disqualification is contained in the Company Directors Disqualification Act 1986. Grounds for disqualification as a company director Director disqualification usually arises from insolvency and misconduct, but
Received a winding-up petition? 9 things you need to consider
Received a winding up petition? 9 things you need to consider A winding up petition is a legal document that can be served by a company’s creditors when they are owed money by the company. If the debt amounts to £750 or more, then a creditor has the right to go to court and ask for a winding up petition to be issued, although courts view this remedy as something that should be reserved for when a company is