May 2022 Shareholder dissatisfaction at company performance in the UK often focuses on directors’ responsibilities. The Companies Act 2006 codified certain general duties such as the duty to promote the interests of the company and directors’ obligations have also been refined over the years by case law. Certain legislative provisions affecting directors extend to “shadow
March 2022 Disputes between shareholders in private companies arise for many reasons. Shareholders may feel, for example, that they have insufficient influence over the company’s management. There may be breaches of shareholders’ agreements or shareholder-directors may be forced off the company’s board and their shares acquired under the terms of its Articles of Association. Disputes
September 2021 It is important for defendants to consider the ability of claimant companies to fund litigation in which they are involved. It is useful in these circumstances for a defendant to consider asking the Court to order a claimant to pay funds into Court by way of security for the defendant’s costs, primarily as
May 2021 Businesses may suffer a loss of profits through breach of contract or tort (e.g. negligent installation of machinery), or as a result of events such as floods. In these situations, lawyers may need to obtain advice and possibly an expert report expressing an opinion on the quantum of the losses. Essentially, a loss
March 2021 Interest in the use of asset tracing procedures often focuses on actions connected with fraud and other criminal activities. Asset tracing may, however, be of value in a wider range of cases including matrimonial cases and commercial disputes. What is Asset Tracing? An asset tracing exercise follows the trail along which assets have
February 2021 Many businesses have suffered severe disruption during the pandemic although some have benefitted, e.g. those with a strong online offering or those providing essential services. Whilst most businesses hope to recover after the lifting of restrictions, many others will be affected permanently. Business valuations are often needed in connection with various types of
September 2020 The use of Single Joint Experts (SJEs) is encouraged under the Civil Procedure Rules with the Court considering inter alia whether instructing SJEs is likely to help it to resolve issues more speedily and in a more cost-effective way than with separately instructed experts. This newsletter explores general considerations which lawyers should take
July 2020 In addition to “mainstream” work such as loss of profits cases, matrimonial disputes and fraud investigations, forensic accountants assist in the administration of estates. The work can be wide-ranging and may include the valuation of the deceased’s interest in a business as well as other valuation issues in relation to estates and the
April 2020 Form E is the financial statement on each party’s position prepared in financial proceedings arising out of divorce or judicial separation. It can also be used as a guide to the format for voluntary financial disclosure before the issue of proceedings. Although Form E is complex and needs to be completed with care,
June 2019 Businesses’ future prospects are an important factor in various types of litigation including commercial litigation, personal injury claims involving self-employed claimants and matrimonial cases in which one or more of the parties is a business owner. Loss of profits claims based on continuing losses will generally be computed on the basis of expected