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Results: 1-10 of 16

A warning to anyone involved in debt recovery

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • May 20 2009

In a troubled economic climate resulting in a boost in debt recovery, the recent English case of Ferguson v British Gas Trading Limited 2009 EWCA Civ 46 provides a warning to those involved in debt collection

The right of a shareholder to sue on behalf of a company

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • March 4 2009

The Companies Act 2006 introduced new legislation governing the rights of shareholders to sue in respect of a wrong done to a company

How many judges does it take to remove a director?

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • October 20 2009

The recent case of Attorney General of Belize and others v Belize Telecom Ltd and another has provided new guidance regarding the court's position in dealing with implied terms and interpreting a company's Articles of Association

"Pessimistic" specialists beware

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • July 17 2009

The recent case of Berry v. Laytons highlights the importance for solicitors to provide "clear" advice, and not be "pessimistic" in estimating their client's chances of success in litigation

House of Lords reaffirms status of pre-contract negotiations

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • July 15 2009

The Lords recently heard the appeal case of Chartbrook Limited ("C") v Persimmon Homes Limited and others ("P") and considered, amongst other things, pre-contractual negotiations in the context of construing a contract

Correspondence or contract?

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • July 29 2009

The recent Court of Session case of Baillie Estates Limited v. Du Pont (UK) Limited, decided in June 2009, highlights the danger of negotiating a contract by email

Excess loss

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • November 29 2010

In the recent case of Professional Financial Services v Dick ta The Heathfield Partnership, a firm of financial advisors (the "Firm") sought damages for alleged breach of contract from one of their authorised representatives acting as an independent financial advisor

DIY - not in the Scottish courts

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • September 22 2010

A regularly asked question is whether a director of a company can represent that company in court proceedings in Scotland or whether the company must engage legal representation

Is your business safe? Get protected now

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • January 13 2011

In the current fragile economic climate, disputes, particularly payment disputes, are rife

Waving goodbye to legal privilege

  • MacRoberts LLP
  • -
  • United Kingdom
  • -
  • March 30 2011

A recent decision from the Court of Session (Inner House) serves as a timely reminder that if you wish to claim legal professional privilege in respect of advice received, you should be wary about disclosing that advice in any circumstances, as you may be found to have waived privilege