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DBA Enforceable despite early termination clause

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HHJ Parfitt, sitting in the Chancery Division of the High Court handed down judgment on 10 July 2020 in this rare case of a solicitor suing for fees – Lexlaw v Zuberi [2020] EWHC 1855 (Ch). Even more unusually, the claimant solicitors had acted under a Damages Based Agreement (a DBA) and that DBA contained […]

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Suspension of "Wrongful Trading" Provisions

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On 28 March 2020 the Secretary for Business, Alok Sharma, announced a suspension of the “wrongful trading” provisions to allow businesses to keep going during this crisis. Legislation is yet to be set out but it will be retrospective to 1 March 2020 and means that directors, who are often concerned about the liabilities they […]

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A sign of things to come – e-bundling

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The Family Court has issued recent guidance on the use of electronic bundles at https://www.judiciary.uk/announcements/financial-remedies-courts-e-bundles-protocol/ This is intended for financial remedies hearings but is useful guidance for anyone planning on working paperlessly or part paperlessly. Most usefully, it considers the perfectly reasonable situation where counsel and the judge may work paperlessly but there is still […]

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FCA v Avacade – promoting or introducing?

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The FCA is, unsurprisingly, pursuing significant proceedings against Avacade, a related company and its directors in relation to unregulated business. This is an important case as it relates to the responsibility of those unregulated introducers who claim to be “introducers” but the FCA is pursuing as “promoters”. The importance is that there is a narrow, […]

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Neocleouos v Rees – signing your land away by email

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One of the protections in place for certain transactions is a requirement for “signed writing”. This case concerned a contract for sale of land. This recent case considers an area where the law really hasn’t caught up yet – email signature blocks. In short, is an automated signature added by your email software enough to […]

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Anderson v Sense – round two goes against the consumer

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This is the first of two key decisions expected this year on the responsibility of “principals” for their “appointed representatives” under the Financial Services and Markets Act 2000. This is a slightly odd arrangement which originates a long time ago and allows a business – the Principal – to appoint individuals or companies – Appointed […]