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Third Party Litigation Funder’s £1.94 Million Success Fee Recoverable

Litigation is expensive and there is sometimes no option but for those involved to rely on third party funding that is available in the marketplace. In a test case concerning such an arrangement, the High Court ruled that a 300 per cent success fee charged by one such funder was recoverable in the context of a commercial arbitration. An arbitrator had found...

Paid Employee or Equity Partner? High Court Guidance

The sometimes blurred distinction between paid employees and equity partners can store up trouble for the future and that is one reason why it is important to take legal advice so that clarity can be achieved and everyone knows where they stand. That point could not have been more clearly made than in a High Court case involving a son who joined his father’s...

British Gas Salesman Scores Landmark Victory in Holiday Pay Dispute

Thousands of sales personnel and other workers who rely on commission payments for much of their earnings could be in line for substantial increases in their holiday pay following a landmark Court of Appeal ruling. The case concerned a British Gas (BG) salesman whose basic salary was dwarfed by his success-based commission payments. BG, however, assessed his...

Property Manager Sues Council for Defamation over ‘Whispering Campaign’

Rumours can have a grave impact on businesses and, where the source is an official one, they can be particularly damaging. The point was illustrated by a case in which the owner of a property management firm launched defamation proceedings against a local authority and one of its officers, claiming to be the victim of a whispering campaign. The businessman...

Insurance Cover Excluded in Maritime Cocaine Smuggling Case

In a decision with vital implications for the shipping industry, the Court of Appeal has ruled that – despite the complete innocence of her owners – a merchant vessel that was seized in a Venezuelan port after more than 130 kilos of cocaine were found strapped to her hull was not covered by insurance. The ship was loading with coal when the drugs were...