General

• Authorised Push Payment Frauds – Bank Succeeds in Supreme Court Test

  • Posted27 September 2023

  Banks are contractually bound to follow their clients’ instructions and are not obliged to concern themselves with the wisdom or risk of their payment decisions. The point was made in...

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• Share Sales – Skeletons in the Corporate Cupboard Must Be Disclosed

  • Posted8 September 2023

  Skeletons in the corporate cupboard may dramatically reduce the value of shares but their existence must generally be fully disclosed prior to a sale. The vendor of a care home...

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• Lending Money to Your Company? How and When Will You Be Repaid?

  • Posted22 August 2023

  Shareholders and directors commonly lend money to their companies with a view to providing working capital or otherwise assisting their businesses. However, as a Court of Appeal ruling made plain,...

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• Directors’ Duties are a Quid Pro Quo for the Privilege of Limited Liability

  • Posted9 August 2023

  In return for the privilege of being able to do business with the immeasurable benefit of limited liability, company directors must observe a range of duties and obligations that are...

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• Talk is Often Just Talk – Commercial Contracts Need to Be in Writing

  • Posted18 July 2023

  Claims that binding contracts have been reached orally or on a shake of hands are commonly made, but are very hard to prove. A Court of Appeal ruling in the...

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• Do You Understand the Ramifications of Entering Into a Contract Adjudication?

  • Posted28 June 2023

  Anyone who engages in contract adjudication proceedings would be wise to assume that the outcome – regardless of whether it is right or wrong – will be legally binding and...

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