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Is the Online Property Sales Market as Competitive As It Should Be?

Heavy investment in Internet-based businesses has resulted in the establishment of powerful trading positions in many fields of endeavour. However, in one important test case, the impact of such developments on competition in the online property sales market will be analysed by a specialist tribunal. A mutual limited company, whose membership was made up of...

Partners Subject to Forfeiture Principle – Landmark High Court Ruling

It is established law that agents who breach their duties can be deprived of their remuneration. However, following a landmark High Court ruling, that forfeiture principle has been extended to profit shares paid to equity partners and members of limited liability partnerships (LLPs). Following an investment manager’s retirement from the highly successful...

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...

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...

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...

Government Rapped Over Emissions from Coal-Fired Power Station

The UK government has received a stern rap over the knuckles from the European Court of Justice after failing in its obligation to limit nitrogen oxide emissions from one of the country’s largest coal-fired power stations. The European Commission had launched proceedings against the UK in respect of the operation of the Aberthaw power station in South Wales....