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Can a second annulment application be an abuse of process even though a bankruptcy order should not have been made?

In July 2019 the High Court held that it was an abuse of process for an individual to make a second application to annul his bankruptcy on substantially identical grounds to his first, failed, application. In the case of Lambert v Forest of Dean District Council and others [2019] EWHC 1763 (Ch) (8 July 2019) the first …

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Can foreign litigants be bound by English jurisdiction clauses contained in contracts to which they are not a party

Airbus SAS v Generali Italia SPA and others [2019] EWCA Civ 805 In its recent decision Airbus SAS v Generali Italia SPA and others, the Court of Appeal dismissed an appeal against a declaration that the English court had jurisdiction to determine a claim by insurers concerning damage to an aircraft pursuant to an English jurisdiction …

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Employment Law and Administration-an interesting mix

In this interesting employment case, the Employment Appeals Tribunal (EAT) found that related claims could continue despite a stay (or suspension) of court proceedings against the employer, being a company in administration. Basically paragraph 43(6), Schedule B1, Insolvency Act 1986 states that where a company is in administration, no legal proceedings can be brought or …

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The Risks of Presenting D.I.Y Petitions

Calling all creditors! Whilst you might think the procedure for presenting a petition against a debtor is simple, it seems that the English Legal System is keeping you on your toes! The Risks of Presenting D.I.Y Petitions Recently we have had an influx of creditor client’s approaching us to assist them with the amending and …

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Can I act as a company director whilst disqualified?

What will happen if somebody finds out that I have been running a company whilst disqualified? From time to time, my colleagues in our specialist director disqualification department will receive a new enquiry and the prospective client will ask:   “What would happen to me if the Secretary of State found out that I was running a company …

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Proprietary Estoppel – How reliable is a promise of a lifetime?

Proprietary Estoppel – Can a promise made during your lifetime give rise to a claim against your estate? The Court of Appeal in the case of Habberfield v Habberfield ([2019] EWCA Civ 890) has sought to clarify the issue of proportionality in deciding the level of an award in proprietary estoppel claims.  Claims for proprietary …

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5 top tips about business disputes, from a business solicitor

It can be stressful when you find yourself involved in a business dispute, especially if you’re a partnership or SME. As business solicitors, we’ve resolved all sorts of business disputes. Here are some of the self-help measures you can take to avoid business disputes in the first place. Draw up proper agreements A small business is …

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