Druces LLP – Druces LLP

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London, EC2M 5PSUnited Kingdom

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UK Supreme Court: Joseph -v- Spiller, a new defence of honest comment in defamation proceedings

The United Kingdom Supreme Court restates the 'fair comment' defence to defamation claims as 'honest comment', relaxing the requirement to provide readers with all of the facts necessary to allow them to judge themselves whether…more
| Art, Entertainment, & Sports Law, Business Organizations, Business Torts, Civil Remedies, Communications & Media Law

United Kingdom: New exception to the Without Prejudice Rule

The without prejudice rule provides that negotiations between parties to settle a dispute held on a without prejudice basis cannot be referred to in subsequent legal proceedings. The purpose of the rule is to encourage parties…more
| Business Organizations, Civil Procedure, Civil Remedies, Commercial Law & Contracts
The Hotgroup Plc -v- RBS, 2010

United Kingdom: Operating break clauses in commercial leases

The operation of break clauses in commercial leases has proved a fertile ground for legal disputes between landlords and tenants and this is particularly so during downturns in the market, as landlords seek to retain tenants'…more
| Real Estate - Commercial

United Kingdom: damages for interference with property rights

Following up on her recent article on the grant of an injunction to enforce property rights, Michelle Farmer of Druces LLP's property litigation department examines a recent High Court decision where damages were awarded in lieu…more
| Business Organizations, Business Torts, Civil Remedies, Real Estate - Commercial, Real Estate - Residential

United Kingdom: Court of Appeal confirms that legal advice given by non-lawyers does not attract legal professional privilege

Following on from the recent European Court of Justice decision in Azko Nobel, in which the ECJ confirmed that in-house lawyers' advice does not attract legal professional privilge in connection with Commission's powers in…more
| Business Organizations, Civil Procedure, Civil Remedies

United Kingdom: Court orders removal of building works infringing rights to light

A recent High Court decision in England and Wales has demonstrated the Courts' willingness to order the removal of completed building works built in contravention of neighbouring property rights. In many such cases previously…more
| Business Organizations, Business Torts, Civil Remedies, Real Estate - Commercial, Real Estate - Residential

United Kingdom: High Court ruling on the balance sheet test for solvency of companies

A summary of the decision in the recent High Court case of BNY Corporate Trustee Services Limited -v- Eurosail-UK 2007-3BL plc and others [2010]. The Court held that in determining whether or not a company was insolvent on a…more
| Bankruptcy, Business Organizations

United Kingdom: Abandoned Property

When a tenant leaves goods at the premises at the end of its lease, the landlord may want to dispose those goods so that he can re-let the premises. In this article, Ben Lomer and Michelle Farmer, of Druces LLP's Dispute…more
| Bankruptcy, Business Torts, Civil Remedies, Real Estate - Commercial, Real Estate - Residential

United Kingdom and European Union: Legal Professional Privilege and In-house lawyers

The Court of Justice of the European Union has confirmed in its judgment in the case of Azko Nobel Chemicals Ltd and Akcros Chemicals Ltd -v- European Commission that legal professional privilege does not attach to…more
| Antitrust & Trade Regulation, Business Organizations, Civil Procedure, Civil Rights, Conflict of Laws

United Kingdom: deadline for natural person directors under Companies Act 2006

The Companies Act 2006 in the United Kingdom requires from 1 October 2010 that every company have at least one natural person as a director…more
| Business Organizations

Enforcing Judgment Debts in England and Wales

In this article, Susannah Robinson, a Solicitor in Druces LLP's commercial litigation department, describes the most significant processes available to Judgment Creditors to enforce Judgment Debts…more
| Bankruptcy, Business Organizations, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Directors' Disqualification Proceedings in the United Kingdom

In the United Kingdom, Directors' Disqualification proceedings under the Company Directors Disqualification Act 1986 do not only arise on company insolvency. In this article, Richard Baines and Marie-Louise King of Druces LLP…more
| Bankruptcy, Business Organizations, Business Torts, Labor & Employment Law

UK Government announces plans to phase out the default retirement age

The UK Government has announced plans to phase out the Default Retirement Age which under the Employment Equality (Age) Regulations 2006 enables an employer to retire an employee at 65. The Government's proposals are subject to…more
| Business Organizations, Labor & Employment Law

Landlord fights back against "Guarantee-Stripping" in CVA - a Restructuring Perspective

Richard Baines of Druces LLP gives a restructuring perspective on the Judgment in Mourant & Co Trustees Ltd v Sixty UK Ltd handed down on Friday 23 July 2010. The article looks at how Company Voluntary Arrangements can be…more
| Bankruptcy, Real Estate

Landlord and Tenant: guarantee in insolvency and CVA

On Friday 23 July 2010 a judgment was handed down in the case of Mourant & Co Trustees Ltd v Sixty UK Ltd. The case reaffirms the protection the Courts will give to landlords of insolvent tenants in the context of Company…more
| Bankruptcy, Real Estate
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Areas of Practice
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