Posts Categorized: Litigation for Business

Boundary Disputes – Don’t Let Them Escalate

Boundary disputes are well known for their ability to create acrimony and long-running legal proceedings, the cost of which is often disproportionate compared with the value of the land in question. In one case in which compromise sadly proved elusive, an apparently minor falling out over a right of way had to be resolved at… Read more »

How to Value Company Shares – Court of Appeal Guidance

Valuing shares is notoriously difficult and is generally a matter of taking a reasonable view of what a hypothetical buyer might pay. That was the approach taken by the Court of Appeal in putting a price on a minority shareholding in a holiday park. Following a falling out between the four equal shareholders in the… Read more »

How Do I Enforce My Copyright?

Copyright is a right that exists as soon as you create the copyright material. You do not have to apply for it. There are some exceptions to copyright, but unless one of these applies, anyone else using your material without your permission is infringing your copyright. The damages receivable for breach of copyright depend on… Read more »

Bookkeeper Wife Pays Price for Commingling Company Funds

Family members who run businesses together should take careful note of a High Court case in which a husband and wife’s commingling of personal and company funds and failure to keep proper records landed them in legal hot water. The couple’s company had traded for little more than a year before it went into administration… Read more »

Social Friends Don’t Always Make Good Business Partners

Personal friendship is sadly not always a good foundation for business relationships. In one case, a falling out between workplace colleagues who had been socially close for almost 20 years ended up being fought out before employment tribunals. The two men had established a successful company and were its only directors. One of them owned… Read more »

Premiership Football Club 1 HM Revenue and Customs 0

In a decision of interest to employers and tax professionals – and football fans – a tribunal has ruled that payments made to two professional players by a Premiership club in order to persuade them to accept the early termination of their contracts were not subject to Income Tax or National Insurance Contributions (NICs). The club… Read more »

Written Contracts Can Be Orally Varied – So Watch What You Say!

The first resort of anyone involved in a contract dispute will be to look carefully at the wording of the document itself. However, one High Court case involving a delayed construction project underlined that words said and promises made after signature can have the effect of varying contractual terms. In a deal worth £3.5 million,… Read more »

Annoyed With a Trade Debtor? Leave Enforcement to the Professionals

It is legitimate to bring some pressure to bear on trade debtors to encourage them to pay up – but one case vividly revealed why such matters really are best left to the professionals. The Court of Appeal imposed jail terms on two self-appointed debt collectors whose strong arm tactics amounted to blackmail. A landscape… Read more »

Chip Shop Owner 1, Tax Authorities 0

Every business owner should know that lax bookkeeping can land you in deep water with the tax authorities. However, in one case, a chip shop proprietor argued that HM Revenue and Customs (HMRC) got its sums wrong and succeeded in overturning back-tax demands and penalties totalling more than £50,000. The man had been in the… Read more »