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Litigation process

7 December 2015

A director must exercise his/her powers only for a proper purpose

Many obligations are imposed on directors in exercising their duties.  A recent decision of the Supreme Court provides that when exercising your powers as a director you must always consider the actual purpose for which you propose to exercise those powers and ensure that purpose is proper.  It is not sufficient simply for directors to act honestly to promote the success of the company for the benefit of its members as a whole. 

Fiona Simpson

27 October 2015

Fun and games, but not a sport - judicial review action determines bridge’s status

The courts appear to have intervened in the age old discussion as the English Bridge Union (“the Union”) lost its fight against Sport England in the High Court recently. 

26 October 2015

How to make Litigation simpler and more cost effective

The Court has recently implemented the “Shorter and Flexible Trial Schemes” to make business litigation more expeditious, simpler and more cost effective.  These Schemes will be piloted for two years from October 2015 in the Commercial Court, the Technology and Construction Court, the Chancery Division and the London Mercantile Court. A new Practice Direction – 51N – spells out these Schemes.

1 September 2015

Mediation: The question is not if, but when

Refusing to engage with ADR has significant risks, irrespective of merits or another party's conduct, warn Richard Foss and Katherine Pymont.

Richard Foss

12 March 2015

Can a real estate agent be an arbitrator?

In the case of Crowther v Rayment [2015] EWHC 427 (Ch) it was held amongst other things an agent involved with the management of the property could not act in a judicial capacity as arbitrator. 

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