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Shareholder and partnership disputes can arise for a variety of reasons. Disputes between shareholders can become a serious issue as they can prevent the normal functions of a company and affect the value of its shares. Shareholder dispute solicitors know that the initial task at hand will be to identify the terms of the shareholders’ agreement….
Today our CCJ removal solicitors discuss the prevention and removal of CCJ’s. A CCJ is a formal order provided by the court, meaning that an individual or other legal entity – commonly referred to as the ‘judgment debtor’, has a debt to pay. The CCJ is entered in a Register of Judgments which is…
The legal principle known as economic duress will entitle a party to avoid a contract where they can prove they entered into it due to illegitimate economic pressure applied on them by the other contracting party. Commonly, economic duress claims will arise where one party is in financial difficulty and the other party seeks to…
Pre-Action Protocols supplement the Civil Procedure Rules and exist to promote the resolution of civil disputes without the need for court proceedings. There are specific protocols that apply to certain types of civil dispute, as well as a general catch-all protocol for civil disputes that are not subject to a specific protocol. On 1 October…
The legal remedy of specific performance is available to claimants making breach of contract claims. As the name suggests, a court order for specific performance is an order compelling the party in breach of contract to perform a certain contractual obligation. Specific performance will usually only be ordered where an alternative remedy, such as damages,…
An anticipatory breach of contract entitles the innocent party to terminate the contract and seek damages. The entitlement will arise where, before the time for performance, the other party indicates its intention not to perform and thereby repudiates the contract. The innocent party then can elect to affirm the contract (ie. to treat the contract…
As London Litigation solicitors expert in fraud and misrepresentation we are often asked to advise individuals and business clients alike on the possibility of making a claim for fraudulent misrepresentation. Where parties are induced to enter into a contract or commitment based on a statement that they later discover to be false, they will be…
Today our fraudulent misrepresentation solicitors discuss what damages and compensation may be available to victims. Fraud is the most serious type of misrepresentation and the hardest for claimants to prove. Once fraudulent misrepresentation is established, how will the successful party’s damages be calculated by a court? The key points for claimants to bear in mind…
Occasionally, claims for fraud or deceit may involve injury or distress rather than the more common claim for financial loss. Although rare, these claims are recognised by common law. Depending on the claimant’s situation, these claims may be just as significant, if not more so, than direct or pecuniary losses. Physical inconvenience and discomfort Claims…
Today our solicitors discuss misrepresentation by silence. Purchasers of substantial assets such as property or shares can find problems with the asset at a later point that were not disclosed by the seller. Purchasers may need to consider whether they have a claim against the seller based on misrepresentation by silence. Purchasers caught up in…
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