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High Court Rules Disputed Property Was Partnership Asset

Partners in a partnership would be well advised to keep comprehensive documentation at every stage in case disagreements arise in the future. In a recent case, whether or not a residential property was a partnership asset became the subject of extended court...

Car Loan Commissions Repayable, Court of Appeal Rules

In a ruling which will have wide implications for providers of finance, the Court of Appeal has ruled that three purchasers of cars are entitled to be repaid the commission paid from the lenders to the dealers in respect of their car loans. The purchasers...

Councils Secure Continuation of Injunction Against Protests

The courts have powers to deal with protests or other actions that disrupt the day-to-day activities of people and organisations, even when those responsible cannot be identified. Recently, the High Court granted a continued injunction against persons...

Home Improvement Company Fined for Unsolicited Calls

A company that provides installation services for home improvement products has been issued with a monetary penalty by the Information Commissioner's Office (ICO) after making thousands of unsolicited marketing calls to numbers registered with the Telephone...

Manager Who Overpaid Himself Breached Fiduciary Duties

In a decision that will serve as both a relief and a warning to companies with trusted key employees, the High Court has ruled that a manager who made unauthorised payments to himself from his employer's bank account over an eight-year period was liable to...

Director Banned for Breaching COVID Loan Rules

A man has been banned from acting as a company director for 10 years after breaching the rules of a scheme designed to support businesses during the COVID-19 pandemic. The man, who was the sole director of a construction company, applied in 2020 for a...

Court Orders Correction of Errors in Partnership Accounts

The passage of time does not necessarily prevent partners from revisiting partnership accounts that they believe are inaccurate. The High Court demonstrated the point in directing that a number of errors in a family partnership's accounts be corrected. In...

Settlement of Proceedings Does Not Prevent Second Adjudication

When attempting to resolve a dispute, careful drafting of any agreement is essential to protect your position in the event of further argument. A recent High Court case concerned whether a settlement of adjudication enforcement proceedings prevented one of...

Breach of Warranty Claim Can Go to Trial

After a company has been purchased, any allegations that the seller is in breach of warranties given to the purchaser are likely to require careful determination. That point was illustrated recently when the High Court refused a businessman's application to...

Partner Who Resigned Entitled to Share of Partnership Assets

When partners resign or retire from a partnership, the partnership agreement will normally govern their rights and responsibilities following their resignation. However, where the terms of their departure are not agreed, are they entitled to the value of...
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