Commercial Disputes Know-How Guides: Security for Costs
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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Published 19 February 2023
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Commercial Disputes Know-How Guides: Force Majeure
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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Published 19 February 2023
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Commercial Disputes Know-How Guides: Summary Judgment
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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Published 19 February 2023
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Commercial Disputes Know-How Guides: Actions for Breach of Directors’ Duties
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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Published 29 January 2023
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Commercial Disputes Know-How Guides: Freezing Injunctions
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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Published 22 January 2023
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Commercial Disputes Know-How Guides: Orders in Fraud Proceedings
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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Published 22 January 2023
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Commercial Disputes Know-How Guides: Repudiation of Contract
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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Published 2 January 2023
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Commercial Disputes Know-How Guides: Antecedent Transaction Claims in Corporate Insolvencies
These claims are made under the Insolvency Act 1986 (“the Insolvency Act”) and are known as antecedent transaction claims.
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Published 17 December 2022
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Commercial Disputes Know-How Guides: Commercial Court Proceedings Flow Chart
This guide is a very brief outline only of the Court procedure.
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Published 4 December 2022
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Commercial Disputes Know-How Guides: Disclosure Duties in Court Proceedings
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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Published 4 December 2022
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Commercial Disputes Know-How Guides: Application to Challenge Arbitration Awards
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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Published 4 December 2022
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Commercial Disputes Know-How Guides: Winding-Up Petitions
The various grounds on which a company may be compulsorily wound up are set out in section 122 (1) of the Insolvency Act 1986 (“the Act”).
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Published 28 November 2022
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Commercial Disputes Know-How Guides: Requests for Further Information
These requests are governed by Part 18 of the Civil Procedure Rules (“CPR”).
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Published 27 November 2022
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Commercial Disputes Know-How Guides: Injunctions
The court can issue an injunction to order a party to refrain from doing a particular action or requiring them to do a specified action.
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Published 23 November 2022
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Commercial Disputes Know-How Guides: Without Prejudice Negotiations
The courts encourage parties to settle their disputes and “without prejudice” negotiations are a common tool for that.
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Published 20 November 2022
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Commercial Disputes Know-How Guides: Privilege
‘Privilege’ is a key legal concept in litigation.
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Published 20 November 2022
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