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Dispute Resolution Law Blog

8 April 2020

Abuse of Power of Attorney: the importance of staying vigilant in the current COVID-19 climate

The self-isolation and social distancing bought about as a result of the coronavirus pandemic leaves the elderly and incapacitated even more vulnerable to financial abuse. It is has been well reported that fraudsters are seeking to take advantage of the current situation whether via the internet, on the phone or in person but it also seems likely that this period will sadly see a rise in abuse of power of attorney by those closer to home.

Katherine Pymont

6 April 2020

Compensation orders against company directors: a new way around Limited Liability?

The case of the Secretary of State for Business, Energy and Industrial Strategy v Kevin William Eagling [2019] EWHC 2806 (Ch) was the first brought by the Secretary of State under a regime in the Company Directors Disqualification Act 1986 providing for compensation orders. The court found in favour of the Secretary of State and made its first ever compensation order under the regime requiring a company director to provide compensation.

Katie Allard

3 April 2020

Challenging Testamentary Capacity - Lord Templeman’s last Will

The case of Goss-Custard v Templeman & Ors involved a dispute as to whether Lord Templeman, a former judge, had testamentary capacity when his last will was executed in 2008, six years before his death.

Anna O’Carroll

31 March 2020

The Maserati Fraud

In the recent case of Sell Your Car With Us Limited v Sareen [2019] EWHC 232 (Ch) the Insolvency Court were asked to determine whether the ultimate victim of an email hacking fraud, Mr Sareen, was liable in contract and/or tort to Sell Your Car With US Ltd (the “Company”) for causing the fraud by failing to take reasonable care over the security of his emails and/or take reasonable control over his email security.

31 March 2020

Alok Sharma shakes up insolvency laws

Last week and, again, on Saturday 25 March 2020, the government announced plans to introduce changes to current insolvency laws to ease pressures on UK businesses being caused by the global pandemic, COVID19. See latest announcement here.

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