Authorised push payment (“APP”) fraud is reportedly the largest class of payment fraud in the UK. There may be the opportunity to obtain compensation under a voluntary banking code and to complain to the Financial Services Ombudsman (“FOS”) if compensation is not paid.

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Shareholders disputes can arise for any reason, but common circumstances include a divergence of opinion for the future direction of the company or the unfair distribution of responsibilities between the parties.

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The purpose of an application to the court to strike out is the deletion of material from a party’s statement of case so that it cannot be relied on in the proceedings. If a whole statement of case is struck out, this should lead to the court giving judgment for the applying party.

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Under the Civil Procedure Rules 1998 (“the CPR”), a claimant is expected to take certain steps before issuing court proceedings, including exchanging information with the intended defendant, and attempting to settle the matter in dispute.

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Warranties are contractual statements of fact that are typically given by a seller to a buyer in a share purchase agreement (“SPA”) or other contract as one of the ways in which risk is allocated between parties in the acquisition of a target company (the “Target”).

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A party to proceedings (usually the defendant) may be able to obtain an order that another party (usually the claimant) provide security for its costs.

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Force majeure refers to events which are beyond the control of the parties to a contract such as war, epidemic, geological disaster or an act of god.

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Summary judgment is a means by which the court can give judgment on a claim (or a particular issue within a claim) without the need for a trial.

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Directors are responsible for the management of a company’s business and so are subject to certain duties to safeguard the interests of the company.

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Freezing orders are a severe injunction and are not available by right – the court will exercise its discretion in ordering them.

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Disputes in which fraud is suspected involve from the outset important tactical considerations, including identifying, tracing and preserving assets against which to enforce subsequent court orders.

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If a breach of contract is so serious that it can be said to go to the core of the contract and deprives the innocent party of the benefit of the contract, then it may be a repudiatory breach that gives the innocent party the option of treating the contract as terminated and seeking damages.

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These claims are made under the Insolvency Act 1986 (“the Insolvency Act”) and are known as antecedent transaction claims.

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This guide is a very brief outline only of the Court procedure.

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The purpose of “disclosure” is to make available to all parties documents which might tend to support or undermine the parties’ cases.

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Arbitration is intended to be final and binding but that does not prevent aggrieved parties from applying to the English High Court to challenge the arbitration award.

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