Supreme Court decision on litigation funding causes concern
Supreme Court decision on litigation funding causes concern A recent Supreme Court case has cast doubt on the validity of certain types of litigation funding agreements or LFAs. We look at the detail of R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28. The case examined whether a type of litigation funding agreement which allowed the funder to recover a percentage of the damages were considered to be
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
11 Key Differences Between Arbitration vs Litigation
11 Key Differences Between Arbitration vs Litigation Dealing with a legal dispute is never easy. By involving an expert dispute resolution solicitor early on, you stand the best chance of the right outcome. Options open to you include arbitration and litigation. We look at what arbitration and litigation are as well as 11 key differences. Choosing the right process is important. Some disputes, such as business disputes, property disputes, and consumer claims are well-suited to arbitration, while others,
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),
Negligent Misrepresentation vs. Fraud: Understanding the Key Differences
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 be false, you could be entitled to ask the court to remedy the situation on the basis of misrepresentation. We take a look at the
Fraudulent misrepresentation: How to prove it and how to deal with it
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 or entering into a business deal based on information that turns out not to be true and where an element of fraud was involved. What
Do we still need lawyers now that there’s ChatGPT?
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 it gets its information ChatGPT reportedly had 100 million active users in January 2023, just two months after its launch. A partially free OpenAI chatbot,
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