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Nick Porter
 

High Court rules electronic signature is acceptable in contract case

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An automatically generated electronic signature, contained within an email footer, has been ruled by the High Court as having an authorising effect for contractual purposes. The Court considered that, despite the footer being created...

The reliability of witness statements in dispute resolution cases

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Back in February 2019, we covered the story of two former directors of Northampton Town Football Club who were found to be in breach of their fiduciary duties following a claim brought by Northampton Borough Council. The case raises another interesting...

Caution urged over directors declaring dividends following Court of Appeal decision

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The Court of Appeal has upheld a High Court decision which has practical implications for directors declaring dividends in companies. In BTI 2014 LLC v Sequana, the Court of Appeal confirmed that a dividend payment, which strips money out of a company and...

Pilot Disclosure Scheme set to revolutionise commercial litigation?

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Disclosure, the process used by parties involved in commercial litigation to identify and disclose documents relevant to their dispute, often requires the exchange of thousands of documents for scrutiny. This often proves to be a complex procedure which can...

Service of proceedings by email

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The digital revolution has changed the legal profession in many fundamental ways. I rarely send a letter by post now when I can email it instead; I can work from a laptop or tablet anywhere in the world; and I can even commence proceedings by uploading them...

A little bit of interest might pay dividends

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With the Bank of England base rate now at an historic low of 0.25% (and with many commentators suggesting it could go lower) it is an “interesting” time to revisit the provisions of the Late Payment of Commercial Debts Interest Act 1998 and how...

The buzz word for litigation lawyers at the moment is "Proportionality"

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The usual rule in Court proceedings is that the winning party can ask for their costs to be paid by the losing party. Traditionally, the Court would make sure that the winning party could only recover their costs that were "reasonably incurred"....