International Judgment Enforcement: A Practical Guide for Foreign Creditors
How to Enforce Foreign Judgments in England and Wales International trade, investment, and cross-border business relationships have created countless opportunities for companies to grow beyond their domestic markets. Unfortunately, they have also created more opportunities for disputes. It is now commonplace for a business in Dubai to contract with a company in London, for investors in Singapore to litigate against directors based in England, or for a European supplier to obtain a judgment against a debtor with assets spread
Can you sue a foreign company in England? A practical guide for international businesses
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 supplier based in England. When those relationships break down, one of the first questions is: Where should proceedings be brought? Many international businesses are surprised
Obtaining evidence in England for foreign proceedings
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 prove their claim are held by an English company. A fraud investigation in Singapore may depend upon evidence from former directors now living in England.
Minority shareholder disputes: What are your rights?
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 are overstepping their authority, or when they simply feel that their views are not being taken into account. Failure to address the situation will often
What are directors’ duties and what happens if they are breached?
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 any losses suffered by the company, its shareholders, and its creditors. The main directors' duties are those detailed in the Companies Act 2006 (the Act),
A guide to remedies for breach of contract: Disputes, resolutions and damages
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 is important to ensure that you fully understand the legal position that you find yourself in. If the contract has not ended, you could potentially
Partnership disputes: How can I avoid a litigation case arising from a bad partnership agreement?
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 not substantial enough to deal with changes in the future. Originally, partners may have all had the same vision and been confident in their ability
Can HMRC tax outstanding Directors’ Loan Accounts? A guide for UK company directors
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 creditor, or someone entitled to its assets on winding up. This status matters because it triggers special tax rules, particularly around director loans and distributions.