Legal News

Director Oblivious to Record-Keeping Duties Receives Seven-Year Ban

One of the most important duties required of a company director is to keep, maintain, preserve and, if necessary, deliver up adequate accounting records. The High Court resoundingly made that point in imposing a seven-year directorship disqualification on...

'Both' or 'Each'? - One Mistranscribed Word Triggers £6.4 Million Will Dispute

Will drafting is an exact science, requiring years of professional training, and a single mischosen or out-of-place word can have very serious consequences. Exactly that happened in a High Court case concerning the mistaken use of the word 'both' –...

Anti-Competitive Practices - Musical Instrument Supplier Receives £5 Million Fine

There will always be some who view anti-competitive business practices as an easy route to profits, but those who engage in them can expect deterrent punishments. In one case, a supplier of musical instruments was fined over £5 million for fostering a...

This Is What Happens If You Wait Until Sickness Strikes Before Making a Will

Making a will when you are close to death and without professional assistance is an effective means of fostering dispute between your loved ones after you are gone. As a High Court case strikingly showed , that is particularly so if you intend to leave your...

Waiver of Contractual Rights by Conduct - Instructive High Court Ruling

Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...

Making a Will? Don't Forget Those Entitled to Look to You for Support

When making your will, it is vital to remember those who have a right to look to you for financial support. As a High Court case showed, a failure to meet your duties to your dependants is highly likely to trigger a costly dispute – and ultimately...

This is Why You Shouldn't Put Off Making a Will Until Advanced Old Age

You are never too old to make a will, but failing to consult a solicitor before you reach advanced old age can be a positive invitation to dispute amongst your loved ones after you are gone. That was certainly so in the case of a woman who was 94 when she...

Never Personally Guarantee a Corporate Loan Without Legal Advice

Providing personal guarantees as security for corporate loans is for many businesspeople simply a price that has to be paid to achieve commercial success. As a High Court case showed , however, signing such a document is a momentous step that should never...

British Child's Inheritance of Italian Property Creates Legal Quandary

Where a British child inherits foreign property, tricky legal issues can arise. However, as one case showed, English judges are well able to deal with such difficulties by applying the overriding principle that the child's welfare is always paramount. The...

Alleged Victim of Push Payment Fraud Fends Off Winding Up Petition

So-called 'push payment' frauds – often involving bogus emails providing false bank account details – can be very convincing and represent a scourge on individuals and businesses alike. In a High Court case, a company alleged to have suffered one...

Creating a Family Trust? Are You Sure It Reflects Your True Intentions?

Rather than giving money to your children directly, you may choose for a variety of good reasons to provide for them by way of a discretionary trust. Such a step is a serious matter, however, and as a High Court case underlined , it is extremely difficult...

Aircraft Lease Arbitration Clause Comes Under High Court Microscope

Arbitration clauses are commonplace in commercial contracts and generally provide a relatively swift and cost-effective route to resolving disputes without resort to full-blown litigation. Their correct interpretation can, however, present a challenge and...

Clerical Errors in Your Will or Codicil Can Create Discord After You Are Gone

Even apparently obvious or trifling clerical errors in a will or codicil may provide fertile ground for dispute and that is why it is so important to have such documents drafted by a professional. In a High Court case on point , a straightforward...

Commercial Contracts Undermined by Lockdown - Where Do Losses Fall?

Lockdowns put into force in response to the COVID-19 pandemic have rendered many commercial contracts unprofitable if not entirely inoperable. In a guideline case, the High Court considered where unforeseen losses arising under a local authority contract ...

Racing Driver's Inaccurate Will Leaves His Heirs with Unwelcome Headache

The task of administering your estate after your death will be made all the harder if your will is not drafted with the precision that only a professional can provide. That was certainly so in one case concerning a retired racing driver's will which failed...

Going into Business with a Friend? Never Dispense with Legal Advice

If you are going into business with a friend or family member you trust, you may think there is no need to consult a solicitor so that arrangements between you can be formalised in writing. A High Court ruling, however, showed exactly why that is such a...

High Court Uncovers Blatant Forgery as Will Dispute Tears Family Apart

If an elderly man had listened to his solicitor's repeated advice to make a will, his children would have avoided a sea of trouble after his death. His failure to do so resulted in a bitter High Court dispute and a judge's finding that one of his daughters...

Whether Contracting with Friend or Foe, Legal Formality Always Matters

Even experienced businesspeople are all too often tempted to dispense with legal formality and do oral deals with those they know and trust. As a High Court case underlined , however, friendships have a nasty habit of turning sour and such arrangements are...

Making a Will? Appointing a Professional Executor Can Save Strife and Money

The trouble with appointing loved ones as executors of your will is that they are likely to be grief-stricken and there can be no guarantee that they will get on. A High Court decision showed that appointing a professional to perform the task is often the...

Legacies and Entitlement to Means-Tested Benefits - High Court Ruling

When making a will, most people would wish to provide for loved ones in need. As a High Court case showed , however, means testing of many state benefits creates a very real risk of such good intentions coming to nought and that is one very good reason why...

High Court Ruling Underlines the Benefits of English Arbitration Clauses

As a guideline High Court decision emphasised , the greatest advantage of including English arbitration clauses in commercial contracts is that they prevent litigation from proliferating around the world and focus dispute resolution on a single,...

Court Enforces Exclusive English Jurisdiction Clause in Insurance Dispute

The high reputation of the Commercial Court in London for efficiency and impartiality is such that English jurisdiction clauses are a ubiquitous feature of contracts signed around the world. They can be of crucial significance if disputes arise and, as one...

Trust and Estate Numbers Dip for Fifth Consecutive Year

HM Revenue and Customs have reported a decline in the number of trusts and estates in the UK for the fifth year in a row. Between 2018 and 2019, the total number of trusts and estates in the UK fell by 2 per cent to 151,000. The wealth management vehicles...

Buying a Business? Always Engage a Professional to Carry Out Due Diligence

Dispensing with professional advice and buying a business on nothing more secure than a handshake is a recipe for disaster. That was certainly so in the case of an entrepreneur who found himself in a sea of trouble after purchasing the assets of a company...

Inheritance - Lifetime Promises Can Be Legally As Well As Morally Binding

When it comes to inheritance, the obligation to keep your promises may well be legal as well as moral. In a case on point, a judge followed the demands of conscience in ruling that a hard-working man should inherit the farmland of a close friend who for...
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