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Deadlocked Companies – Judges Have Power to End Paralysis

Companies in which no one has a controlling interest can easily become deadlocked if shareholders fall out. However, judges have a range of powers to bring such paralysis to an end and enable all concerned to move on with their lives. One High Court case exactly on point concerned a pipe fitting company in which two men each held 50 per cent of the shares. They...

Controversial Employment Tribunal Fees Struck Down by Supreme Court

In a resounding decision that emphasised the right of everyone to have affordable access to the justice system, the much criticised fees levied on complainants by the Employment Tribunals and the Employment Appeal Tribunal have been struck down as unlawful by the Supreme Court. The fees – which range from £390 for straightforward cases to £1,200 for more...

Are European Judgements Enforceable in England? Not If They’re Unfair!

Judgments given in one EU member state are generally enforceable in all the others, but there are exceptions. One such arose in the case of a three-year-old girl who was removed from Ireland and taken to England by her mother without notice of the move having been given to the father. The parents separated soon after the girl’s birth but the father had enjoyed...

Contractor Must Pay £14.7 Million after Glass Panels Plunge into Street

Construction contracts can go horribly wrong, but few can have been as disastrous as one prestige office development which culminated in giant panes of glass falling into the street, putting the lives of passers-by at risk. The events triggered a storm of damaging national publicity and a High Court case in which a design and build contractor was ordered to pay...

Detectives Penalised for Whistleblowing Awarded Six Figure Compensation

Whistleblowers perform a public service and the consequences of penalising them for their activities can be severe. In one case, two police officers who were removed from undercover duties after they made repeated and serious complaints about the management of their unit were awarded a six-figure sum in compensation. Both officers, one of whom had almost 20...

Only Claims with No Real Prospect of Success Do Not Merit a Full Hearing

Judges are bent on giving every case fair consideration and only very sparingly use their powers to strike out unmeritorious claims without a full hearing. That point was clearly made by one case in which a businessman claimed that a bank had lured him into becoming involved in a failed property transaction. The businessman alleged that he had been induced to...