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Injunctions against persons unknown – use in fraud cases

We reported in our September 2019 edition (p25) about the use of injunctions against persons unknown as a potential remedy in trespass cases. An article discusses the use of this remedy in a recent case involving ‘push payment fraud’.
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Buyout obligation - not triggered until price determined

The CA has reached a common-sense decision in relation to buying out an outgoing partner's share. The case involved a family-owned agricultural partnership agreement which provided that on retirement or death of a partner, the ongoing partners would buy out the outgoing share by the mechanism of a put and call option. The partnership agreement required an initial upfront payment followed by the balance in instalments. The first instalment was to be paid approximately four months after the departure of the outgoing partner but if unpaid the entire balance would become immediately repayable.

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Contracts – implied terms

We reported in our March 2019 edition (p2) on the case of Wells v Devani [2019] in which the SC confirmed that it will imply a term into a contract to give it business efficacy.
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Companies House – proposed changes

The 2017 national risk assessment of money laundering and terrorist financing identified that the formation of trusts and companies is being used to ‘facilitate high-end money laundering by hiding beneficial ownership, undermining due diligence checks and frustrating law enforcement investigations. 
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Arbitration proceedings – extensions of time?

The CA has permitted a claim for arbitration to be issued out of time, which is unusual. The terms under which a dispute may be referred to arbitration will be set out in the arbitration agreement, many of which contain a strict time limit for issuing a claim. Often the time can be as little as 14 to 28 days, which can be onerous especially if the proceedings are an appeal. This can lead to claims being issued out of time, typically if the time limits are not clear.
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Guarantees – test extended

A recent HC case considered the common situation where a company director gave personal guarantees in relation to loans provided to a limited company (interestingly, a law firm which had gone into liquidation).
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Disclosure letter – can be rectified

When the shares, business or assets of a private limited company are sold, the seller prepares a disclosure letter which includes general and specific disclosures regarding the warranties that the seller is giving in the share purchase agreement (SPA). Usually the buyer agrees that the seller will not be liable for breach of warranty in relation to matters contained in the disclosure letter.
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Social media – beware defamatory statements

The SC has held that the context in which words are used in relation to defamation proceedings is essential.

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Contracts – rectifying mistakes

A useful article considers the steps parties can take when an error in a contract is only discovered after it has been signed.

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Damage – who bears the risk?

Many will recall the news coverage of an aggrieved workman driving his digger into a newly completed hotel. 
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Most-read articles

Inheritance claims – interim payments
Wednesday, 09 October 2019
When can the court exercise its statutory power to award interim payments to a claimant under the Inheritance Act? This issue rarely comes before the court and the author of this article highlights... Read more...
Refund entitlement – taxable amount not reduced
Wednesday, 09 October 2019
In their monthly VAT update, EY report on a case that will be interesting to lawyers as the facts involved an SDLT avoidance scheme (perhaps unsurprisingly, the four companies involved are in... Read more...
Costs – challenge promptly
Friday, 04 October 2019
Litigation solicitors will no doubt breathe a sigh of relief to note that a costs judge has refused a claimant’s application to challenge a solicitor’s bill that was agreed and approved over four... Read more...
Serving overseas – check the rules
Friday, 04 October 2019
 It might sound obvious, but if a firm is instructed to serve proceedings overseas, the firm must ensure that the rules of service in the relevant country are properly observed. The CA recently... Read more...
Pet rent – permissible
Friday, 04 October 2019
The excellent Pain Smith blog reminds us about the Tenant Fees Act 2019 (which we reported on in our previous editions – March 2019 (p27) and May 2019 (p28)). The Act outlaws letting fees paid by... Read more...
Brexit frustration – update
Friday, 04 October 2019
We reported in our April 2019 edition (p27) on the interesting case where the HC had to consider whether potential departure by the UK from the EU was sufficient to satisfy the legal meaning of... Read more...
Fixtures – what passes on sale of land?
Friday, 04 October 2019
Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has... Read more...
Parents – gender
Thursday, 03 October 2019
 A definition of the term ‘mother’ has been established for the first time under English common law in a landmark case. At issue was: where a person born female who has undergone gender... Read more...
Drugs and alcohol – managing in the workplace
Thursday, 03 October 2019
An interesting article reminds employers to review their drugs and alcohol policies and breaches of them in the light of recent developments. Businesses are increasingly expected to support employees... Read more...
Terrorism – notice of detention
Thursday, 03 October 2019
A revised notice of detention which examining officers must provide to someone detained under Schedule 7 to the Terrorism Act 2000 has been published by the government. The notice gives information... Read more...

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