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Commercial Law
Financial Fraud – Banks Under No Duty to Play Detective, High Court Rules
To what extent, if any, are banks under an investigatory duty to protect their clients from fraud? The High Court considered that critical issue in a case concerning a woman who lost £700,000 after falling victim to a sophisticated scam. The woman made international payments from her bank account after a fraudster convinced her that her money would be safe
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Court Acts Fast to Save Airport Logistics Group From COVID-19 Insolvency
Many companies are struggling to survive amidst the COVID-19 pandemic but, so far as judges are concerned, it is a case of all hands to the pump to save what can be saved. In one case, the High Court paved the way for the proposed rescue of an airport logistics group which employs 65,000 people worldwide. The grounding of the
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Private Hospitals Operator Triumphs in £20 Million Insurance Dispute
No matter how long and technical the wording of an insurance policy may be, it may contain ambiguities that can only be resolved with expert legal assistance. A case on point concerned an eight-figure loss sustained by an operator of private hospitals arising from a breast surgeon’s negligent and criminal acts. The company inherited the liabilities of a predecessor which
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Signing a Lease Without Legal Advice? Don’t Do It!
Entering into a lease, whether commercial or residential, without taking legal advice is, to say the least, highly unwise. A landowner who fell into that trap put himself at serious risk of an unwanted tenant moving into his newly built home. The man bought 40 acres of land on which stood a racing stable. A keen equestrian, his plan was
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Biogas Facility Operator Wins Substantial Damages After Components Buckle
If goods supplied to you are unfit for purpose, you are entitled to be compensated in full for any losses that you suffer as a result. In a High Court case on point, the operator of an anaerobic digestion facility won substantial damages from a company which supplied components that failed catastrophically under pressure. The facility, which cost £12 million
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Encouraging New Employees to Bring Clients With Them Can Be Risky
Encouraging employees recruited from competitors to bring their clients with them may not be inherently wrong, but it is often legally hazardous. A Court of Appeal ruling in the context of the travel agency business served to highlight the pitfalls. A travel agency which used a franchise model to employ over 700 sales consultants took action after a substantial number
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Maker of ‘Shapewear’ Jeans Blocks ‘Rip-Off’ Product from the Market
There is nothing more galling than witnessing competitors profiting at your expense by ripping off your original ideas and designs. As a High Court case concerning a novel variety of ‘body-enhancing’ jeans showed, however, intellectual property lawyers are always there to ensure your rights are not trampled upon. The jeans were designed to give the appearance of slimmer hips, whilst
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Helicopter Crash Ruling Highlights Risk of Suing the Wrong Company
Companies within the same group frequently have almost identical names, but that does not detract from their independent legal personalities. As a High Court case concerning an offshore helicopter crash showed, that fundamental principle constitutes a trap into which the unwary persistently fall. The helicopter’s passengers and crew lost their lives after it fell into the sea whilst on its
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Worldwide Asset Freezing Orders Issued After Bank Cries $1 Billion Fraud
Even banks and other sophisticated financial institutions are sometimes caught out by apparently thriving businesses which are not all that they seem. In a case on point, the High Court came to the urgent aid of an overseas bank which claimed to have lost more than $1 billion as a result of wholesale fraud. The case involved a UK-registered company
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Are Criminal Fines Provable Debts in Company Insolvencies?
Is a fine imposed on a company by a criminal court a provable debt in the company’s winding up or administration? In an important ruling for insolvency professionals, the High Court has provided an authoritative answer to that novel question. Prior to entering voluntary liquidation, a recycling company pleaded guilty to seven environmental offences in connection with the storage of
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