Company administration: the basics

We will have all read in the news recently about the large department store chains going into administration. Then more recently, about the collapse of Jamie Oliver’s restaurant empire. 22 restaurants have closed, and 1,000 people are expected to lose their jobs as the company goes into…


Shareholder claims - what does unfair prejudice mean?

In previous articles I have looked at remedies available to shareholders who believe they have been prejudiced. Key to these solutions is the petition for unfair prejudice pursuant to S.944 of the Companies Act 2006. This article explores what is actually meant by unfair prejudice. What is unfair…


The law of defamation in the digital age

As we settle into the digital era, an ever-increasing number of media outlets are being utilised. News stories are now travelling quicker than ever. Platforms such as Twitter are giving individuals a stage to voice their own opinions. However, an increase in the use of media has also been met with…


Understanding the 'Doctrine of Mistake' in a contract

What is the Doctrine of Mistake? With so much time spent entering into a contract, business owners need to be sure that their efforts are not wasted. This is generally the case and when a contract is agreed both parties are bound to perform the terms of that contract. However, cases exist where…


Obtaining an injunction for harassment

We are approached by people who are concerned they are being harassed by neighbours, former friends, ex-partners or acquaintances. As harassment is a criminal and civil offence, quite often clients have discussed the matter with the police first. It is common for the police to advise a client to…


Company restoration: Your frequently asked questions

We have looked in previous blogs at the different methods of company restoration after dissolution. Here, we answer some of your frequently asked questions about company restoration. What happens when a company is dissolved? A company is a separate legal personality from the members (shareholders)…


Resolving director and shareholder disputes

As we saw in the previous article, director and shareholder disputes can arise for a number of reasons. We have looked at the best ways of avoiding disputes in the first place, and how negotiation is the best first step. But what can the parties do if a dispute does rear its head? We look at some…


Avoiding a director or shareholder dispute

Avoiding a director or shareholder disputeConflicts between directors or shareholders can arise for many reasons. When they do, it’s important to understand the legal rights of all parties and the options available as well as the consequences of allowing things to get worse. We look at how to avoid…


Will the court allow a change of expert before trial?

Expert evidence is used in many disputes (from personal injury to commercial disputes, property to professional negligence). Experts are there to give their opinion to the parties, and to assist the court when the case involves matters on which it does not have the right technical or specialist…


Directors' and trustees’ limitation defence fails

The Supreme Court ruled on 28 February that on an inter-company transaction, directors and trustees can’t rely on a standard six-year limitation defence. The court had previously struck out the claim by company liquidators against its directors for alleged breach of statutory and fiduciary duties…