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 […]
So, a company owes you money and they haven’t responded to your requests for payment? You are well within your rights to send them a Statutory Demand formally stating that a debt must be paid. Be careful though, failure to include any security you hold in connection to the debt or stating an incorrect claim amount provides
What do I need to include in my Statutory Demand? Read More »
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
Employment Law and Administration-an interesting mix Read More »
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
The Risks of Presenting D.I.Y Petitions Read More »
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
Can I act as a company director whilst disqualified? Read More »
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
Proprietary Estoppel – How reliable is a promise of a lifetime? Read More »
Oh dear. A company owes you money. They know they are supposed to pay you, but they’ve just gone silent. What is the quickest way to recover an undisputed debt like this? Generally, you have two choices: Commence a conventional debt recovery claim Depending on the amount you’re owed, you can take the debtor to
Why and how to present a Winding-up Petition Read More »
If your company owes money to a creditor, and you haven’t responded to their requests for payment, they might send you a Statutory Demand. This is not a formal court document, but if you ignore it the next step could be a Winding-up Petition. Why would they send a Winding-up Petition? A creditor might choose to
“Help! I’ve received a Winding-up Petition.” Read More »
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
5 top tips about business disputes, from a business solicitor Read More »
If you’ve received a Section 16 letter, it means your conduct as a director has been investigated by the Insolvency Service working on behalf of the Secretary of State, and they obviously think there’s a case to answer. It will be headed something like: ‘This is a letter pursuant to Section 16 of the Company
“Help! I’ve received a Section 16 letter!” Read More »
