In this podcast Stephen Baker and Ishwari Sharma, dispute resolution lawyers at Herrington Carmichael, discuss the principles that apply when a shareholder is unfairly prejudiced in relation to their shareholding by the actions and decisions of a controlling cohort of...
Enforceability of Personal Guarantees Personal Guarantees A personal guarantee is a legally binding obligation on an individual to repay a third party’s debt or borrowing. Effectively, if a company or primary debtor does not pay or is unable to pay a debt, then a...
Is the end now nigh for No Fault evictions? For more than 30 years, landlords have relied on section 21 of the Housing Act 1988 and the accelerated possession procedure to end tenancy agreements after their initial fixed period, simply because those tenancies’ terms...
Assumption of Responsibility – The other side of the fence The thorny issue of assumption of responsibility in professional negligence cases continues to tax the judicial system. The case of McClean v Thornhill centred around whether an eminent tax barrister was...
Male Heirs, Beliefs and Culture vs UK Law The rich tapestry of different cultural and ethnic backgrounds present in the United Kingdom can on occasions lead to a clash between the application of the laws of the land and an individual’s deeply held beliefs and cultural...
The Tate Modern – Right to Privacy People who live in glass houses… next to the Tate Modern. In today’s busy and fast-paced world, a person’s right to privacy is becoming increasingly important and legally recognised. It is therefore unsurprising that two...
A Perennial Problem – hiding the presence of Japanese Knotweed Japanese knotweed was brought to the UK by Victorian Britons as both an ornamental plant and cattle feed. Unfortunately, it also turned out to be an invasive species with no natural UK enemies....
Increasing the use of mediation in the civil justice system Mediation is a form of alternative dispute resolution in which a neutral third party (i.e., the mediator) assists parties to a dispute to narrow and / or resolve the issues at hand. The mediator will not make...
Property misrepresentation claims: when your seller hides the truth For most, a house purchase is the largest and most emotive transaction a person can make in their lifetime, and as a buyer you want to be sure you know exactly what you are getting. Understandably,...
Mental Capacity and the Decisions made by The Court of Protection When a person loses their mental capacity, their families – already facing difficulties following the loss of capacity itself – are often presented with a sudden need to make decisions on their...
