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October 15, 2018 9:57 am

When a company enters liquidation, one of the principles that has to be observed is that creditors of the same class have to be treated the same way. There is, however, an exception to the rule under the Insolvency Rules 2016. If a company in liquidation owes money to a person or organisation and is also owed money by them, then an automatic ‘set-off’ applies and only the net balance is taken into account in the liquidation. This applies by rule of law and cannot be legally overridden.  (more…)

October 15, 2018 9:49 am

In the year to May 2018, councils in the UK paid out more than £2.1 million in compensation to pedestrians who tripped on uneven pavements, according to information obtained following freedom of information requests made by the Automobile Association (AA). (more…)

October 11, 2018 2:43 pm

The dangers of asbestos were first identified in the 1930s but people are even now dying as a result of workplace exposure to the carcinogenic substance as asbestos-related diseases often take decades to manifest clinical symptoms. However, as a recent case in which a widow was awarded a six-figure sum showed, a compensation settlement is still possible many years after the exposure. (more…)

People take professional advice all the time, and rely on it. A professional who gives advice will normally not only have the appropriate qualifications but will also be covered by the firm’s professional indemnity policy, so that if their advice turns out to be negligent, the client can be compensated. (more…)

September 28, 2018 11:24 am

Following on from the decision in Bear Scotland Limited and Others v Fulton and Others that payments for overtime which employees are required to work but which their employer is not obliged to offer them do count as ‘normal remuneration’ for the purposes of calculating a worker’s statutory holiday pay entitlement for the four weeks’ annual leave required under the EU Working Time Directive (WTD), the focus has shifted to whether or not payments for voluntary overtime should also be included in the calculation. (more…)

September 28, 2018 11:21 am

Business owners and directors who fail to pay fines can lose in more ways than just financially. When a Derbyshire company fell foul of the Health and Safety Executive following a near-fatal accident to one of its employees, the fine that resulted after the investigation amounted to more than a quarter of a million pounds. (more…)

September 28, 2018 11:20 am

Football Association (FA) rules require that, where disputes arise between players’ agents and clubs, they must be resolved by arbitration rather than by public court proceedings. The extent of that requirement came under analysis in a High Court case that raised novel contractual issues. (more…)

September 28, 2018 11:18 am

There is a common belief that in any contract, if the goods or services provided do not do what they are intended to do it will open the door for a claim in damages. That is not always so, as a recent case shows. (more…)

September 28, 2018 11:17 am

Judicial powers to review decisions reached by dispute arbitrators are strictly limited and do not provide an opportunity for disappointed parties to refight factual issues that have already been resolved. The High Court succinctly made that point in a case concerning the acrimonious demise of a business partnership. (more…)

September 28, 2018 11:16 am

Collecting debts is often a long and arduous process, but the use of bankruptcy proceedings can be an effective means of bringing matters to a head. That was certainly so in one case in which a businessman tried, but failed, to avoid bankruptcy in respect of a judgment debt totalling more than £16 million. (more…)