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J Paul Sykes

When Directors Fall Out: Breaking the Deadlock

Review of Court of Appeal decision in Smith v Butler [2012] EWCA Civ 314, where a Managing Director was held to have exceeded his powers by suspending the Managing Director. There is relatively little case law on the powers of a…more

| Business Organizations, Business Torts, Civil Procedure, Civil Remedies,...

Deal or No Deal

Update on the dangers of ignoring "formalities" in negotiating settlement of a legal dispute. Case analysis and lessons to be learned…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Refuse Mediation at Your Peril

Analysis of Recent Developments in Mediation / ADR: Discussion of the Court of Appeal decision of Rolf -v- De Guerin [2011] regarding a building dispute, where the builder was penalised for refusing to mediate. Consideration…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies,...

Hastings Bass: Protection for Trustees Reduce

The Court of Appeal handed down two decisions in July 2011 in favour of HMRC. The decisions substantially restrict protection for Trustees under the longstanding Rule in Re: Hastings Bass [1974] EWCA Civ 13. The Court of…more

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Inheritance / Disputed Will: Supreme Court Decision

Commentary on case of Ilott –v- Mitson & Others [2011] EWCA Civ 346 Charities refused permission to Appeal, where Court of Appeal had overturned a will which deliberately gave all the estate to three charities, leaving…more

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"... A Writ of What?...."

The Georgetown Law Weekly describes it as “…a legal playground set in the wild, wild West…” Elsewhere described as “.... the best movie, legally themed or not, that I have seen in a dogs’…more

| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies,...

THE LAW OF UNINTENDED CONSEQUENCES

SUPER INJUNCTIONS, TWITTER, THE PERCEIVED IMPOTENCE OF THE ENGLISH COURTS IN THE U.S. AND SCOTLAND, CRISES IN THE CONSTITUTIONAL SETTLEMENT..... Every day sees a new twist in the ongoing media driven frenzy. For once, this is…more

| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Civil...

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