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Dispute Resolution Law Blog

4 December 2020

Can a De Facto Director be disqualified as a Director?

It is well known that directors owe duties to the company of which they are a director and, in certain circumstances, its shareholders, creditors and employees. Many people believe that if you have not been formally appointed as a director, i.e. you do not appear on Companies House records as a director, you will not owe the usual directors’ duties and, therefore, cannot be in breach of such duties or subject to sanctions for breach.

Fiona Simpson

2 December 2020

Is still 'subject to contract' binding?

For many people, the first encounter with the words ‘subject to contract’ is probably when buying or selling a house. In that context, you may notice these words on all the correspondence from the estate agent and between solicitors until the contracts for the sale of the property are formally exchanged.

Fiona Simpson

23 November 2020

Firms brace for negligence impact

Accounting firms should be bracing themselves for a rise in professional negligence claims as a result of the Covid-19 pandemic. 

Jemma Brimblecombe

18 November 2020

Directors’ communications with their solicitors: perhaps not as privileged as you think (Part 2)

In the recent case of Barrowfen Properties Ltd v (1) Girish Dahyabhai Patel (2) Stevens & Bolton LLP (3) Barrowfen Properties II [2020] EWHC 2536 (Ch), the High Court extended the iniquity exception to breaches of a director’s statutory duties.

12 November 2020

Insolvency Practitioners: the regulator’s reach is wide when it comes to integrity

It goes without saying that Insolvency Practitioners must behave honestly and with integrity in all their professional dealings.  IPs must handle money and assets in a way which justifies the trust placed in them, but some professionals don’t realise that the way they behave on a Saturday night may be just as relevant to their ability to continue in their chosen profession as the way they behave on a Monday morning.   

Julie Matheson

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