tag:blogger.com,1999:blog-611317174130596122024-03-12T19:58:44.598-07:00Revolution LawLooking at the changing world of legal practice. Disclaimer: Please note this does not constitute the giving of legal advice and is only meant as a discussion concerning various legal points. For advice please consult a solicitor. Follow me on twitter @AdamManning or find me on LinkedIn https://www.linkedin.com/in/adammanninguk/Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.comBlogger54125tag:blogger.com,1999:blog-61131717413059612.post-17223321298118076902023-02-25T09:22:00.008-08:002023-03-02T13:41:50.570-08:00Lawtech and the Transformation of Legal <p> </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiBvVn-kNV7o41AIHdLAvPjnOjZ3cMiLjIc52A5brvGeM8fgLLrE3wfyPSR_kBcnQ7VXVToBTDCp5jxOdvqFf6I5ylSd8xFS-D0cjPFEHCSE4OyEVpAtNthHVM87KA9fKmnhb_-bWHDsfUhXWm0CFmN2pzIf-a6C2ObV5jt4THRwsrLWPsJ5jmW-upg/s960/profile%20photo.jpg" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="960" data-original-width="960" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiBvVn-kNV7o41AIHdLAvPjnOjZ3cMiLjIc52A5brvGeM8fgLLrE3wfyPSR_kBcnQ7VXVToBTDCp5jxOdvqFf6I5ylSd8xFS-D0cjPFEHCSE4OyEVpAtNthHVM87KA9fKmnhb_-bWHDsfUhXWm0CFmN2pzIf-a6C2ObV5jt4THRwsrLWPsJ5jmW-upg/w200-h200/profile%20photo.jpg" width="200" /></a></div><i><span style="font-family: inherit;"><span color="rgba(0, 0, 0, 0.9)" face="-apple-system, system-ui, BlinkMacSystemFont, "Segoe UI", Roboto, "Helvetica Neue", "Fira Sans", Ubuntu, Oxygen, "Oxygen Sans", Cantarell, "Droid Sans", "Apple Color Emoji", "Segoe UI Emoji", "Segoe UI Emoji", "Segoe UI Symbol", "Lucida Grande", Helvetica, Arial, sans-serif" style="border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; font-size: var(--artdeco-reset-base-font-size-hundred-percent); font-style: var(--artdeco-reset-typography-font-style-italic); margin: var(--artdeco-reset-base-margin-zero); outline: var(--artdeco-reset-base-outline-zero); padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);">Thoughts on a Round Table Discussion by </span><a href="https://susskind.com/" target="_blank">Richard Susskind</a><span color="rgba(0, 0, 0, 0.9)" face="-apple-system, system-ui, BlinkMacSystemFont, "Segoe UI", Roboto, "Helvetica Neue", "Fira Sans", Ubuntu, Oxygen, "Oxygen Sans", Cantarell, "Droid Sans", "Apple Color Emoji", "Segoe UI Emoji", "Segoe UI Emoji", "Segoe UI Symbol", "Lucida Grande", Helvetica, Arial, sans-serif" style="border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; font-size: var(--artdeco-reset-base-font-size-hundred-percent); font-style: var(--artdeco-reset-typography-font-style-italic); margin: var(--artdeco-reset-base-margin-zero); outline: var(--artdeco-reset-base-outline-zero); padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"> and Mark Cohen</span></span></i><p></p><p><i>by Adam Manning</i></p><p></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">The acceleration in computing power is unrelentingly accelerating and recent striking examples of artificial intelligence in action have revealed to many the new possibilities that are opening before us. What implications are there for the law and lawyers, and especially the role that law plays in society? These were the focus of a fascinating round table discussion by Richard Susskind, President of the Society for Computers and Law, and Mark Cohen, Executive Chairman of <a href="https://www.dlex.org/" target="_blank">Digital Legal Exchange</a>, moderated by Anusia Gillespie of <a href="https://unitedlex.com/" target="_blank">UnitedLex</a>.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">In considering the future of legal services, a key question is, what is the role of law in society? It cannot be just for the benefit of lawyers! Impressively for such a forward-looking arena of thought, mention was made of the jurisprudence of ancient Rome and Mesopotamia, and Mark concluded that law is for societal cohesion, that is the regular and easy functioning of the community. Richard put it in terms of justice, but then wondered how justice applied, for example, in the context of corporate law. One answer might be that, as an example, drawing up and executing a substantial commercial agreement is an exercise in “anticipatory justice”, in the sense of the parties seeking to clarify their relationship and spell out what they expect of each other, in the knowledge that the law will provide remedies if it is breached. Corporate law is justice in a sophisticated, preventative mode, to avoid injustice (that is the breach of contract or law) ever occurring. In this sense, justice and the cohesion of society are not dissimilar.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">Yet we live in, the speakers suggested, an age when access to justice is becoming more restricted for so many. Most people, Richard told us, cannot afford access to lawyers and the Courts. How can there be the much-touted rule of law, one of the founding concepts of a modern, democratic society, if in practice many of its citizens cannot easily and effectively have recourse to the Courts or legal advice?</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">On this point, Mark called for a more customer-centric functioning of legal systems as a way of reversing such a trend. Richard picked the point up by suggesting it was a question of legal design thinking. Legal systems, including the Courts, must meet the needs of legal users. In my jurisdiction, the legal system has gone through rapid change in recent decades, sweeping away much of the historical legacy of previous centuries. One pertinent example is the rationalisation and clearing up of many of the Court forms needed for legal proceedings.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">The 21st Century has seen an ongoing shift to interfacing with the Court system in England and Wales via electronic means, with an online Court system replacing a paper based one. A key theme in legal adaptation must be considering the possibility of entirely or substantially redesigning legal systems, including the Courts, as a result. Simply paralleling an online Court system on the previous paper-based system is not always going to result in an efficient or easy to understand process for the Court user. Ultimately such profound reform may lead to redrafting the rules of Court and even the law itself. An online Court system, aimed at maximising access to justice for all citizens, could be very different from what we have at present. I know that many people at present find the Court’s implantation of an online system to be difficult and opaque.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEipRFs7UGIqykF89ncb0PGh4SW5EYZ08-9gdSmo_YZFVQfY38_iirxz1kPumv1aBWma4SNwgzJznhc3DaSN54GVhV5bynCFLiXCsK8z6SrtR6pD3CUpwjSy0E1-1uiO15hEm7unBInVKpTUhh_7okdHZ2a6vrv1_pQvssMZ7aJICbaknl_ita8so5GG/s1627/roundtablediscussion2.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="939" data-original-width="1627" height="231" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEipRFs7UGIqykF89ncb0PGh4SW5EYZ08-9gdSmo_YZFVQfY38_iirxz1kPumv1aBWma4SNwgzJznhc3DaSN54GVhV5bynCFLiXCsK8z6SrtR6pD3CUpwjSy0E1-1uiO15hEm7unBInVKpTUhh_7okdHZ2a6vrv1_pQvssMZ7aJICbaknl_ita8so5GG/w400-h231/roundtablediscussion2.jpg" width="400" /></a></div><span style="font-family: inherit;"><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">When the Courts and the legal system are primarily an online arena, the legal profession must change as well. The great volumes of data required and the enormous advances in artificial intelligence, and our exposure to it, play a role here. As a striking example of what might happen, mention was made of </span><a href="https://openai.com/blog/chatgpt/" style="font-family: inherit;" target="_blank">ChatGPT</a><span style="font-family: inherit;">, a recently launched chatbot designed to mimic a human conversationalist. Using ChatGPT, it becomes clear very quickly that it can do so much more than mimic conversation. My first forays were just for fun, and I asked it to rewrite Lord Byron’s poem “She Walks in Beauty” as if the subject were someone walking in the daylight instead of night. Within twenty seconds ChatGPT had done just that, in modern, clear English with an interesting rhyming structure. I was astonished. </span></p></span><p></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">A further humorous suggestion was to write <span style="background: var(--artdeco-reset-base-background-transparent); border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; font-size: var(--artdeco-reset-base-font-size-hundred-percent); font-style: var(--artdeco-reset-typography-font-style-italic); margin: var(--artdeco-reset-base-margin-zero); outline: var(--artdeco-reset-base-outline-zero); padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);">Hamlet’s </span>famous soliloquy in the style of one of Ronnie Corbett’s monologues. Again, within thirty seconds it had done just that, and rather delightfully spun the Bard’s timeless portrayal of existential angst in a laughably stereotypical British manner, suggesting the answer was a good cup of tea and putting your feet up for a bit. “I'm sure everything will look better in the morning.” </span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">ChatGPT has been a phenomenon as it such a striking example of the new power of artificial intelligence to manipulate words and language. Perhaps somewhat overlooked in comparison to its creative power is the way it is used, which if anything is even more astonishing. To ask it to create these works, the user writes in perfectly normal English. No special training is needed, no understanding of programming a computer is required. “Please rewrite Hamlet's famous soliloquy that begins To be or not to be in the style of a Ronnie Corbett funny story”, and the magic happens.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">As amusing as such examples are, to the lawyer there is an immediate analogy with drafting legal documents. Take a precedent and apply new data to it. A ChatGPT of the, perhaps not so far, future could have access to all appropriate statutes, statutory instruments, common law precedents, the whole body of law of the jurisdiction, along with a bank of precedents for legal correspondence, contracts, and Court documents, all for a particular area of law. All you might need to do is ask it, in normal English, to accomplish a task for you and it would draft the document. “Draft the appropriate Court proceedings needed to apply for an order for possession against my client’s commercial tenants currently occupying its premises in Oxford” might be one example. Another might be, “draw up a contract for the supply of my client’s latest range of scientific equipment to the Ministry of Defence’s research establishment.” This doesn’t seem hugely far-fetched for a system that can already creatively combine Shakespeare and Corbett.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">To make such powerful lawtech a reality, a great deal of data will be required, and Richard suggested that lawyers of the future will be orientated towards that aspect of the profession, rather than simply knowing how the law and Courts work. To be able to draft such documents or advise on a case, an AI legal system will need data, and so the role of legal data scientists will be important. The professions will have to change and the haunting question of wether the profession of Solicitors will still exist in 2070 hung in the air at one point. Instead of doing the drafting and advising themselves, Richard suggested that lawyers of the future will licence their legal systems to clients for them to use.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">Surveying the legal profession of 2023, rather than roughly fifty years in the future, suggests that even law firms that are seeking to embrace these profound changes are only at the foothills. Widescale, innovative disruption will have to take place rather than the more incremental process improvement that is taking place. We’re still firmly stuck in the first generation of change, a mostly marketing exercise, rather than the more profound revolution of the second generation that Richard described. I couldn’t help imagining Richard setting up his own law firm based on the principles of his second generation, but then it isn’t necessarily the case that the traditional law firm is going to be the source of such substantial change. “The competition that kills you doesn’t look like you”, we were left with. Richard also suggested lawyers and clients could liaise in virtual reality, although he studiously avoided using the M word.</span></p><p class="reader-text-block__paragraph" style="--artdeco-reset-typography_getfontsize: 1.6rem; --artdeco-reset-typography_getlineheight: 1.5; background-color: white; border: var(--artdeco-reset-base-border-zero); box-sizing: inherit; color: rgba(0, 0, 0, 0.9); font-size: var(--font-size-large); line-height: 1.75; margin: 1.6rem 0px; padding: var(--artdeco-reset-base-padding-zero); vertical-align: var(--artdeco-reset-base-vertical-align-baseline);"><span style="font-family: inherit;">Every other profession must deal with constant change, and it is odd that we as lawyers often think, hope, or pretend that it might be otherwise for us. It had been a rewarding discussion, and I am looking forward to reading Richard Susskind’s book, <i><a href="https://www.amazon.co.uk/Tomorrows-Lawyers-Introduction-your-Future-dp-0192864726/dp/0192864726/ref=dp_ob_title_bk" target="_blank">“Tomorrow’s Lawyers”</a></i>.</span></p>Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-1129167965983876292020-01-19T12:38:00.002-08:002020-01-19T14:42:42.642-08:00Caselaw summary<i>Ball (PV Solar Solutions Ltd) v Hughes</i> [2017]<br />
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Directors of a company who sought to avoid tax could be found to have breached their duty under section 172 to promote the success of the company. They could not have reasonably concluded this would have been benefited the company's creditors.<br />
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<i>Bushell v Faith</i> [1970]<br />
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A clause in the Articles stating that on a vote to dismiss a director, any shares held by that director on a poll were to be counted as three votes per share was held to be valid. Section 168 requires an ordinary resolution and so in this case, a director with 30% of the shares could block a resolution to dismiss him.<br />
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<i>Foss v Harbottle</i> [1957]<br />
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This case sets out the doctrine that if a company is in a position to bring a claim in the civil Courts, the company itself is the proper Claimant for that action and not the shareholders.<br />
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<i>Ebrahimi v Westbourne</i> <i>Galleries Ltd</i> [1973]<br />
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This case involved a "quasi-partnership" company. The three directors were also the three equal shareholders. Two of the directors (a father and son) had the other director removed under an ordinary resolution and the Court held this breached the third director's legitimate expectations and so the it was just and equitable to wind up the company.<br />
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<i>Pender v Lushington </i>[1877]<br />
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This case made it clear that a shareholder's right to vote was part of that member's property and any interference in it could lead to a derivative action or even a personal claim. Lord Jessel MR was keen to stress a member could vote anyway they saw fit, even in a conflict of interest.<br />
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<i>Re Duomatic</i> [1969]<br />
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Here the Court decided that a company could take a decision in a way without necessarily suing all the requisite formalities of a general meeting. If all the members attended and voted at a general meeting, the decision they took at the meeting would be held to have the same binding effect as a formal resolution. There have been exceptions since then.<br />
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<i>Salomon v A Salomon Co Ltd</i> [1896]<br />
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In the House of Lords it was held that a company was entirely independent from the shareholders with a totally different legal personality. This was the concept of limited liability.<br />
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<i>O'Neill v Philips</i> [1999]<br />
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Here the House of Lords held there was no unfair prejudice because the company had not breached any formal arrangements with the shareholder in question. The concept of legitimate expectations was based on an expectation that the company's affairs would be conducted in the manner agreed by all the members.<br />
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<i>Cook v Deeks</i> [1916]<br />
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This case involves setting aside a fraud on a minority shareholder. The majority of shareholders had entered into a contract that competed with the company's business and the fourth shareholder applied to the Court in this regard. The Court held the majority had to account for this to the company.<br />
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<i>Henry George Dickinson v NAL Realisations (Staffordshire) Limited </i>[2017]<br />
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This case shows that the Courts do not have to wait for a company to be insolvent before they find that a transaction was aimed at defrauding creditors.<br />
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<i>W T Ramsey v IRC</i> [1982]<br />
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A Court can look over a whole series of transactions and form a view that they are being entered into with the aim of avoiding tax. Here, the Court noted that the activities involved had no commercial significance apart from lowering the tax liability.<br />
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<i>Eclairs Group Ltd and Glengary Overseas Ltd v JKX Oil & Gas plc</i> [2015]<br />
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This case involved the "proper purpose" duty under section 171. The Court held that the company had only behaved in the way it did to prevent shareholders from taking the action they wanted, which breached the proper purpose test.<br />
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<i>Hosking v Marathon Asset Management LLP</i> [2016]<br />
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Here the Court held that a partner who breaches his fiduciary duties can be required to forfeit partnership profits.<br />
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<i>Khan and Another v Miah and Another</i> [2000]<br />
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This case looked at when a partnership can be said to have commenced; here it was held that it didn't necessarily when the business started trading as preparatory activities carried out with a common view to an eventual profit could be said to be the start of the partnership.<br />
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<i>Dickenson v Gross (HM Inspector of Taxes)</i> [1926]<br />
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A partnership deed had been entered into but it was ruled that in truth no such partnership existed as none of the terms of the deed had been put into practice.<br />
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<i>Trego v Hunt</i> [1896]<br />
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The Court looked at the meaning of goodwill in a business. What goodwill meant would depend on the character and nature of the business. It was the "very sap and life of the business".<br />
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<i>Greenhalgh v Arderne Cinema Ltd</i> [1951]<br />
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This case was concerned with the concept of a fraud on the minority and the possibility of this being an exception to the rule in <i>Foss v Harbottle</i>. Here it was held there was no such fraud as the alteration to the Articles did not discriminate against minority shareholders.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-64399853896405709092020-01-19T09:48:00.000-08:002020-01-19T09:48:07.447-08:00Greenhalgh v Arderne Cinema Ltd [1951] CH 286This case was concerned with the issue of shares and the concept of a "fraud on the minority" being an exception to the rule in the case of Foss v Harbottle. This rule states that in a potential claim for a loss incurred by a company, only that company should be the claimant, and not the shareholders.<br />
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Originally the Articles of the company stated that if a shareholder wanted to sell their shares, they had to be offered to existing shareholders first - that is there was a right of pre-emption.<br />
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Then this was changed at a general meeting by special resolution so that the right of pre-emption no longer existed.<br />
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One of the shareholders wanted to sell their shares and Mr Greenhalgh objected, saying the special resolution discriminated against him as a minority shareholder.<br />
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Lord Evershed MR held that there was no fraud on the minority shareholder. None of the majority voters had voted for a private gain and so the alteration of the articles was perfectly legitimate because it was done properly.<br />
<br />
As such, Mr Greenhalgh's action failed.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-62942550263179919842020-01-13T13:41:00.001-08:002020-01-13T13:41:52.004-08:00Trego v Hunt (1896) HLIn this case, the Court looked at the meaning of the goodwill of a business. What goodwill meant would depend on the character and nature of the business. Goodwill is often the "very sap and life of the business, without which the business would yield little or no fruit. It is the whole advantage, whatever it may be, of the reputation and connection of the firm, which may have been built up by years of honest work or gained by lavish expenditure of money."<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com1tag:blogger.com,1999:blog-61131717413059612.post-41390560773944118562020-01-12T14:25:00.002-08:002020-01-12T14:25:48.898-08:00Dickenson v Gross (H.M. Inspector of Taxes).(1) (1926-27) 11 TC 614<span style="font-family: inherit;">In this case, it was said that a partnership deed had been entered into, but it was ruled that in fact no such partnership had existed.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">The partnership deed, it was found, was entered into for tax purposes and whilst it was "perfectly good according to its tenor", it had really governed the relationship of the parties, none of its terms or requirements had been put into practice. </span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">It was found that the partnership deed was set on one side and disregarded. As a result, there was no partnership as a matter of fact and so the business could not be dealt with as a partnership for income tax purposes.</span>Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-84186740372985755832020-01-11T03:56:00.003-08:002020-01-11T03:59:23.413-08:00Khan and Another v Miah and Another [2000]This case relates to partnership law and the starting point from which a partnership can be said to have commenced.<br />
<br />
It was held that a partnership could be said to have arisen before a business started trading. In this case, the purported partners had committed capital and spent time and money acquiring business premises and obtaining planning consent for carrying on business as restaurateurs. These and other activities were part of the joint venture of the business, which was carried on with a view to a (admittedly eventual) profit.<br />
<br />
Here the House of Lords reversed a decision by the Court of Appeal. The Court of Appeal believed there was a rule that a partnership could only exist once trading had commenced and had focused on the distinction between contemplating or agreeing to become partners and actually becoming partners. The House of Lords held there was no such rule in law. Instead the question is when do they embark on the activity required by the joint venture of the business with a view to making a profit.<br />
<br />
An interesting additional point in the judgement of Lord Millet concerns the implied terms of a partnership under the Partnership Act 1890 if no other terms, written or implied, apply. The Judge noted that these were default provisions only and were not statutory presumptions. It would only need slight evidence to rule out the default provisions found in the Act. The House of Lords allowed the appeal and restored the orders of the trial Judge.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-31227243879629619222020-01-06T10:56:00.001-08:002020-01-06T10:56:34.664-08:00Hosking v Marathon Asset Management LLP [2016] EWHC 2418 (Ch)In this case, the Court held that a partner who breaches his fiduciary duties can be required to forfeit partnership profits. <br />
<br />
Mr Hosking was a partner in Marathon. Their limited liability partnership deed provided that a retiring partner was entitled to receive half the profits to which he would have been entitled as a working partner. An arbitration took place between the LLP and Mr Hosking and the arbitrator decided that Mr Hosking had committed breaches of fiduciary duty in the period before he left the asset management company.<br />
<br />
As a result, the arbitrator applied the forfeiture rule and ordered that the half share of the profits which Mr Hosking had been paid were to be forfeit.<br />
<br />
Mr Hosking appealed against this ruling but this was dismissed, holding that if it was properly defined as remuneration, a partner's profits could be forfeited.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-41096373073504074872020-01-05T05:20:00.000-08:002020-01-05T05:41:09.379-08:00Eclairs Group Ltd and Glengary Overseas Ltd v JKX Oil & Gas plc [2015] UKSC 71This interesting and detailed case involved a company in the petroleum industry, JKX Oil & Gas plc. Eclairs and Glengary were two of the shareholders.<br />
<br />
The directors of JKK took the view that Eclairs and Glengary were engaged in activities that were detrimental to the success of JKX. As a result, they issued notices on them under section 793 of the Companies Act 2006. The shareholders responded, but JKX then relied on a clause in its Articles (which a number of companies have) that if the company believes the shareholders have responded to the notice in a way that is incorrect or false, the company could then restrict their voting rights. This meant Eclairs and Glengary could not vote at the AGM.<br />
<br />
When JKX did this, Eclairs and Glengary brought an action alleging a breach of section 171(1) of the 2006 Act, alleging that the directors had breached their duty to only use their power for the purposes for which they were conferred.<br />
<br />
In particular, the shareholders alleged that JKX had taken this action so as to prevent them from voting at the AGM. The power under section 793 should have been limited to obtaining information about the shareholding, they alleged.<br />
<br />
The High Court decided it in favour of the shareholders; the Court of Appeal reversed that decision. In the House of Lords, this decision was again reversed and the Court found in favour of the shareholders. Lord Sumption used a "but for" test in looking at the situation; if it had not been for the desire to restrain the shareholders, the company would not have issued the notices. As a result, the Court decided that the company had breached the "proper purpose" duty under section 171.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-51573001941064209682020-01-04T04:03:00.000-08:002020-01-04T04:03:05.500-08:00W T Ramsey v IRC [1982] AC 300, (1981) 54 TC 101<br />
<div class="MsoNormal">
This case sets out a general principle that over a series of
transactions, the Courts can look at the overall effect and determine the tax
liability on the scheme as a whole.<span style="mso-spacerun: yes;"> </span>It
is an important restraint on creative tax planning.</div>
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<br /></div>
<div class="MsoNormal">
An interesting way to analyse these sorts of scheme was that
the steps involved had no commercial significance of any kind apart from to
lower the tax liability that would have been due if those steps had not been
taken.<span style="mso-spacerun: yes;"> </span>This principle therefore
represents a significant change in the way these sorts of schemes are
approached.</div>
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<br /></div>
<div class="MsoNormal">
Recent cases have made it clear that statutory application
is still of the utmost importance in such cases. So, the statute applicable to
the situation must be capable of being interpreted in this way and should not
be distorted just to achieve this affect.</div>
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-38547092702332770532020-01-01T03:09:00.001-08:002020-01-01T03:09:08.338-08:00Henry George Dickinson v NAL Realisations (Staffordshire) Limited & Others [2017] EWHC 28 (CH)This case shows that there is no requirement that a company has to be insolvent for a finding that there was a transaction defrauding creditors. The Court will focus on the intentions of the parties at the time of the transaction. <br />
<br />
As a company was going out of the business, the managing director and controlling shareholder brought a claim to recover a loan he had secured against NAL. The liquidators of NAL alleged he had breached his duty to the company's creidtors and preferred his own interests to those of NAL.<br />
<br />
The liquidators also counterclaimed to set aside or recover compensation for various transactions. The Court took the view that the director's primary intention was to reduce the asset value of NAL and to ensure his debt as a shareholder had priority.<br />
<br />
The case shows the thoroughness with which Courts will set aside or undo any attempts to move assets out of the reach of creditors, regardless of whether the company was insolvent at that time or became insolvent as a result.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-49278089679730120142019-12-31T05:54:00.000-08:002019-12-31T05:54:26.845-08:00Cook v Deeks [1916] UKPC 10This case from Canada illustrates the extent that the Courts can go to in setting aside or avoiding a fraud on a minority shareholder.<br />
<br />
Here, there were four shareholders, each having an equal share, and each also were directors. Three of them wanted to enter into a contract for a competing business, without including Mr Cook. When he realised what was happening, Mr Cook, in the Canadian Courts, made an application about this.<br />
<br />
In the Privy Council, Lord Buckmaster LC held that persons who control a company's business must remember they are not at liberty "to sacrifice the interests which they are bound to protect, and, while ostensibly acting for the company, divert in their own favour businesses which should properly belong to the company they represent."<br />
<br />
Although this was an appeal from a Canadian Court, it has still been of great use in English Courts. The three shareholders therefore held the profits of the new contract on trust for the original company and an account had to be given. A director must account to the company for any profit derived from his position as a director. It is also an instance of the Court not necessarily applying the principle of majority rule to permit a general meeting to ratify an unauthorised act of the directors where they control the company.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-28647692664133721802019-12-30T03:39:00.000-08:002019-12-31T03:04:24.368-08:00O'Neill v Philips [1999] 1 WLR 1092This case centres on the concept of unfair prejudice and shows how the Courts can struggle with this notion and applying it to a particular case.<br />
<br />
This case was appealed to the High Court, the Court of Appeal reversed the High Court's decision and then it was appealed to the House of Lords. In the House of Lords, the Court of Appeal's decison was reversed.<br />
<br />
Mr Philips owned a company and Mr O'Neill worked for him. Mr O'Neill impressed Mr Philips and so was awarded shares in the company with a promise that further rewards might come his way. However, due to a decline in the company's fortunes, this did not happen.<br />
<br />
Ultimately Mr O'Neill bought an action claiming unfair prejudice under what is now section 994 of the Companies Act 2006. The House of Lords analysed the situation and paid particular attention to that although various suggestions had been made about what might happen, as no formal arrangements had been made, this could not amount to legitimate expectations.<br />
<br />
Lord Hoffman gave an interesting discussion of the equitable jurisdiction of the Court, stating that Parliament has chosen fairness as the criterion to decide whether to grant relief. Normally, there cannot be unfair prejudice unless there has been a breach of the terms which have been agreed for the conduct of the affairs of the company.<br />
<br />
The concept of legitimate expectations, according to Lord Hoffman, was based on an expectation that the company's affairs will be conducted in the manner agreed by <b>all</b> the members, not a personal hope of the petitioner that the others will do something they had not in fact agreed to do.Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-27856022064204878962019-12-29T13:04:00.005-08:002019-12-29T13:04:56.335-08:00Salomon v A Salomon Co Ltd [1896] UKHL 1<span style="font-family: inherit;">This is one of the most important cases in Company Law. It sets out the basic principle that a company is different from its members (or shareholders), having a different legal personality. Debts owed by it are not necessarily also owed by the members. This is the concept of limited liability. For a limited company, the members' liability is limited to the unpaid amount of their shareholding.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">What is perhaps surprising, given the clearness of this principle and how well it is established, is that it comes from an appeal to the House of Lords which reversed decisions taken at the Court of Appeal and the High Court. In the lower Courts, an argument based on agency had been put forward. It was fair to say that Mr Salomon Senior was the dominant shareholder of the company and had been arguably overpaid by the company when his business as a boot seller had been incorporated. </span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">The House of Lords said there was nothing in the legislation that indicated they had to hold one or other of the interests of the shareholders superior to the other in anyway. The company was entirley independent and it was not up to them to interpret into the legislation any limitations on this concept that they might think were expedient.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">In particular, Lord Macnaghten was keen to stress that it did not matter that the bulk of the shares had gone to only one person. He went onto state that a company is not the agents of the people managing or running the business. "The company is at law a different person altogether from the subscribers to the memorandum". He goes on to summarise the reasons why people enter into business using a private company with limited liability. </span>Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-30389617813329394922019-12-28T06:11:00.002-08:002019-12-28T06:13:44.315-08:00Re Duomatic [1969] 1 All ER 161<span style="font-family: inherit;">In this case,
the Court decided that a company could take a decision in a way without
necessarily using all the requisite formalities of a general meeting. Here, if there was a meeting with the
requisite consent of the members entitled to attend and vote at a general
meeting and are all present at the meeting, the decison they take will bind the
company in the same way as a formal resolution at a general meeting, provided
it was </span><i style="font-family: inherit;">intra vires</i><span style="font-family: inherit;"> of the company.</span><br />
<span style="font-family: inherit;"><br /></span>
<div class="MsoNormal" style="line-height: 115%; margin-bottom: 10.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">
<span lang="EN"><span style="font-family: inherit;">This means
that if all the directors are also all the membes, they can unanimously pass a
resolution in a board meeting which ought to strictly require being passed by
members at a general meeting. <span style="mso-spacerun: yes;"> </span>The
consent given can be express or implied, verbal or by conduct, but it has to be
given and be unqualified.<o:p></o:p></span></span></div>
<div class="MsoNormal" style="line-height: 115%; margin-bottom: 10.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">
<span lang="EN"><span style="font-family: inherit;">This
principle is subject to a range of limitations, including that it cannot apply
if the company is insolvent or in danger of being so, or if it is sought in aid
of removing a director or auditor.<span style="mso-spacerun: yes;"> </span>It
does not override the need for a special resolution for a company to purchase
its own shares. Indeed, in the case law, these limitations are applied strictly
so as to avoid the general extension of such a principle.<span style="mso-spacerun: yes;"> </span>The members of a company cannot, by
unanimous agreement, overcome prohbitions imposed on the company by the general
law or the Companies Act.<span style="mso-spacerun: yes;"> </span>For example,
they cannot consent to theft of the company’s property by themselves. <span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
<div class="MsoNormal" style="line-height: 115%; margin-bottom: 10.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">
<span lang="EN"><span style="font-family: inherit;">If possible
though, it is better practice for a the directors to table an approriate
written resolution or to immediately convene a general meeting, although
consent to short notice in writing will need to be provided.<o:p></o:p></span></span></div>
<div class="MsoNormal" style="line-height: 115%; margin-bottom: 10.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">
<span lang="EN"><span style="font-family: inherit;">In these cases,
if the resolution has to be filed with the Registrar, the Registrar's practice
is to accept a printed copy of the resolution signed by the chairman of the
board.<o:p></o:p></span></span></div>
<div class="MsoNormal" style="line-height: 115%; margin-bottom: 10.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">
<span lang="EN"><span style="font-family: inherit;">A good quote
from this case is Buckley J, who states, “where it can be shown that all shareholders
who have a right to attend and vote a general meeting of the company assent to
seom matter which a general meeting of the company could carry into effect,
that assent is as binding as a resolution in general meeting would be.”</span><span style="font-family: "calibri"; font-size: 11pt;"><o:p></o:p></span></span></div>
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-24546850876513580762019-12-14T09:06:00.001-08:002019-12-14T09:06:18.808-08:00Pender v Lushington (1877) 6 CH 70This case set out a general principle that part of a member's property when owning shares was the right to vote. Any interference with that right, in the words of Lord Jessel MR, amounts to an interference with a property right that can lead to a cause of action.<br />
<br />
This case indicated that interference with such a right could be both a derivative claim and a personal action. Lord Jessel MR was keen to stress that members could vote in anyway they saw fit, even in circumstances of a conflict of interest. There was no moral or business test that was applicable. <br />
<br />
This case was also a reminder of the principle that company law does not look behind the ownership of the shares, for examples if the shares are held in trust.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-5880562579157285072019-12-08T09:24:00.000-08:002019-12-31T02:42:21.796-08:00Ebrahimi v Wesbourne Galleries Ltd [1973] AC 360This case centres on the rights of minority shareholders. Mr Ebrahimi had been in business with a man named Mr Nazar as buyers and sellers of expensive rugs. They were partners in the business but decided to incorporate the business as a limited company and moved to London. Later, Mr Nazar's son was appointed as a director and became a shareholder as well, after both Mr Ebrahimi and Mr Nazar transferred some of their shares to him. The directors were paid by director's fees and not as dividends.<br />
<div>
<br /></div>
<div>
There was a falling out between the directors and Mr Nazar and his son had their own meeting, at which time they passed an ordinary resolution which removed Mr Ebrahimi as a director in accordance with <u>section 168 of the Companies Act 2006</u>. Mr Ebrahimi then applied to the Courts to have the company wound up. Today, this application would be dealt with under <u>section 122(1)(g) of the Insolvency Act 1986.</u></div>
<div>
<br /></div>
<div>
This case includes a discussion of the nature of a quasi-partnership company. Here, the Court was satisfied that when the partnership had been incorporated as a limited company, the directors expected the business still to be run effectively as a partnership. Mr Ebrahimi had a legitimate expectation that the business be continued in this way. In addition, as the company had only paid its profits by way of director's fees, he was denied any income as well. <br />
<br />
Lord Wilberforce examined the phrase "just and equitable", which was the grounds for the application to wind up the company. Due to the way the company had been set up and the way the directors were paid in fees rather than dividends, the House of Lords decided that Mr Ebrahimi's legitimate expectations had been breached. This case was very fact specific and the House was keen to stress that it would not normally go beyond the legal rights set out in the Articles and other written documents of the company.</div>
<div>
<br /></div>
<div>
As a result, Mr Ebrahimi's application for the winding up of the company was successful as it was just and equitable. This might today be dealt with under an application concerning the unfair prejudice of a shareholder, under <u>section 994 to 996 of the Companies Act 2006.</u> A particular point mentioned was that Mr Ebrahimi was supposed to work as a full time director.</div>
<div>
<u><br /></u></div>
<div>
<u><br /></u></div>
Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-15392345108217614742019-12-01T07:31:00.002-08:002019-12-01T07:31:20.805-08:00Foss v Harbottle [1957] CLJ 194This case has become so well known that the most important principle arising from it is known as "the rule in <i>Foss v Harbottle</i>".<br />
<br />
In brief, if a company is in a position to bring a claim in the civil Courts, the company itself is the proper Claimant for that action. <br />
<br />
The particular case involved an alleged wrong by directors of the company and the two Claimants were minority shareholders in the company. This principle was later expanded to cover possible claims by shareholders who had suffered loss when their shares had decreased in value, the so-called "reflective loss". The correct way to bring a claim was by the company, not the shareholders. If the company succeeded in the claim, the shares should increase in value to reflect the successful claim.<br />
<br />
The case also stresses the "majority rule principle", stating that a supposed wrong can be confirmed or ratified by a simple majority of the members in a general meeting.<br />
<br />
The major exception to this is the derivative action, now referred to in sections 260 to 263 of the Companies Act 2006, and is thus a statutory regime. In addition, there is the action for unfair prejudice set out in sections 994 to 996 of the Companies Act 2006.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-16956455681050144852019-11-23T12:11:00.003-08:002019-11-23T12:11:57.537-08:00Bushell v Faith [1970] AC 1099This was a case involving the potential removal of a Director from a limited company under what is now <u>section 168 of the Companies Act 2006</u>.<br />
<br />
The basic facts are that the Articles of Association of the company provided that, "in the event of a resolution begin proposed at any general meeting of the company for the removal from office of any director, any shares held by that director shall on a poll in respect of such resolution carry the right to three votes per share".<br />
<br />
All but one of the Directors wanted to remove the other one. The one who the others wanted to remove had a third of the shares. As a result he could not be removed. <br />
<br />
<u>Section 168 of the Companies Act 2006</u> (as it is now) only requires an ordinary resolution and as the legislative clause said nothing about this, it was ultimately deemed that this clause in the Articles was lawful. A clause like this does not, of itself, prevent a resolution being an ordinary resolution. Whilst this decision has been criticised, such a clause could be useful in the situation of a quasi-partnership company. <br />
<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-17443314133378532722019-11-16T15:15:00.000-08:002019-11-16T15:15:43.019-08:00Top cases in Company LawI'm studying for a fascinating course on Partnership and Company Law at present and this article will, as the course continues, feature what appear to me to be the leading cases in this area.<br />
<br />
<u>Ball (PV Solar Solutions Ltd) v Hughes and another [2017]</u><br />
<u><br /></u>
Here there were two directors of a private company, who had adopted a modified employer-financed retirement scheme. The aim of this scheme was to avoid exposing their own remuneration to tax. In addition, they applied three credit entries against their respective directors' loan accounts. In this case, the directors held 100 per cent of the issued share capital of the company.<br />
<br />
It was argued that under the <i>Duomatic </i>principle, as the directors were also the only shareholders, they could be taken to have approved of the way in which the credits were applied by an informal resolution. The registrar rejected this ruling. This part of the ruling suggests a restriction on the <i>Duomatic</i> principle so that it could not be used to exonerate culpable conduct by the directors.<br />
<br />
The Court went onto consider whether the directors had breached their fiduciary duties and had been guilty of misfeasance for the purposes of <u>section 12 of the Insolvency Act 1986</u>.<br />
<br />
In the High Court, Registrar Barber needed to consider whether the directors had breached their duty under <u>section 172 of the Companies Act 2006</u> to promote the success of the company. The Registrar found that at the time each of the credit entries had arisen, the duty to prioritise creditors' interests had arisen. An objective test was applied here and the Court did not think that an honest director could have reasonably concluded that the company's credits would have been for the benefit of the company's creditors. As a result, there had been a breach by the directors of their duty under <u>section 172</u>.<br />
<br />
There was a real risk that the creditors' position was being put at risk, not just a remote one. In addition, they had also failed to exercise their powers for proper purposes as required under <u>section 171 of the Companies Act 2006</u>. The Court found the directors were not entitled to be remunerated under a <i>quantum meruit</i> and the registrar made an order under <u>Section 212 of the Insolvency Act 1986</u> that the directors had to repay slightly more than £750,000 to the company, with interest.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-21987786009070852892018-07-13T05:14:00.002-07:002018-07-13T05:14:38.608-07:00Divorce – An Overview<div class="separator" style="clear: both; text-align: center;">
<a href="https://3.bp.blogspot.com/-BWs5NHETNhw/W0iXh0WQuxI/AAAAAAAABQs/uIplPSxwqNwELg5hGaLsBxDKZ8njmCCEQCLcBGAs/s1600/Adam%2BManning%2Bprofile.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="400" data-original-width="400" height="200" src="https://3.bp.blogspot.com/-BWs5NHETNhw/W0iXh0WQuxI/AAAAAAAABQs/uIplPSxwqNwELg5hGaLsBxDKZ8njmCCEQCLcBGAs/s200/Adam%2BManning%2Bprofile.jpg" width="200" /></a></div>
<div class="MsoNormal">
<b><i><span lang="EN-US"><span style="font-family: inherit;">By Adam D.A. Manning LLB, LLM <o:p></o:p></span></span></i></b></div>
<div class="MsoNormal">
<b><i><span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></i></b></div>
<div class="MsoNormal">
<i><span lang="EN-US"><span style="font-family: inherit;">Please
note the following is only for general advice. If you need further help, please
see a Solicitor.</span></span></i></div>
<i><span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></i>
<i><span lang="EN-US"><span style="font-family: inherit;"><o:p></o:p></span></span></i><br />
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">The application form to start a divorce is
available from the government's website and this has to be completed and filed
with the Family Court. You will need to have your spouse's full name and
address and a copy of the marriage certificate as well, along with the issue
fee, which at the time of writing was £550. You may be able to get help to pay
the fee if you are on benefits or low income.<o:p></o:p></span></span></div>
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<span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">In England and Wales, to apply for a
divorce you will need to prove that the marriage has broken down. To do this,
you need to show one of five different reasons. The first is that your spouse
has committed adultery, which is defined as sexual intercourse between a man
and a woman. The second is unreasonable behavior, that is your spouse has
behaved in a way that you cannot reasonably be expected to live with them. This
might involve physical, sexual or verbal abuse, drunkenness or lack of
financial or emotional support and often involves several aspects of the
spouse's behavior.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">Thirdly, there is desertion, which is where
your spouse, without good reason, has left you for more than two years out of
the last two and a half, so as to end the relationship. Fourthly, living apart for more than two
years is a reason to show the marriage has broken down, but your spouse has to
agree in writing. The final basis is where you have lived apart from your
spouse for more than five years, even if your spouse disagrees to the divorce.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">Your spouse then has to acknowledge receipt
of the form and send this back to the Court.
Once this has happened, the next stage is called Decree Nisi, which
entails the person who started the divorce completing a further application to
support the original applications. Once
Decree Nisi is issued by the Court, normally there is a six week waiting period
before it is possible to apply for Decree Absolute, the final stage of the
divorce. Once Decree Absolute is issued by the Court, the marriage is at an
end.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">Many people issue divorce proceedings
themselves, without using a Solicitor, but those that do will have to pay their
Solicitor's fees in addition to the issue fee. The amount of the fees really
depends on the amount of work that is involved.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">Other factors that can be involved include
sorting out arrangements concerning children.
It can be helpful to take advice from a Solicitor about this and there
is an emphasis on parents and caregivers trying to resolve these issues without
using the Courts if at all possible, through mediation if needed.<o:p></o:p></span></span></div>
<br />
<div class="MsoNormal">
<span lang="EN-US"><span style="font-family: inherit;">Similarly, it may be helpful to take legal
advice on the financial issues that need resolving during a divorce. Perhaps unsurprisingly, the general principle
here is one of equality and again there is much more emphasis on spouses
resolving their issues, using mediation for instance, without the need to involve
the Courts</span>.<o:p></o:p></span></div>
Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-79617396173763638922017-11-13T05:54:00.003-08:002017-11-13T06:04:38.348-08:00Good Substitution – a great goal<div class="separator" style="clear: both; text-align: center;">
<a href="https://3.bp.blogspot.com/--6-Wn55nJA0/WgmjaGBzCLI/AAAAAAAABJ8/J0EXSMwHiHYvVCHt2qbyU3fjXwMhIJNbgCKgBGAs/s1600/zoomingface.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="614" data-original-width="614" height="200" src="https://3.bp.blogspot.com/--6-Wn55nJA0/WgmjaGBzCLI/AAAAAAAABJ8/J0EXSMwHiHYvVCHt2qbyU3fjXwMhIJNbgCKgBGAs/s200/zoomingface.jpg" width="200" /></a></div>
<i>By Adam D.A. Manning</i><br />
<br />
One of the key principles in BNI, the world’s largest business networking organisation, is <b>attendance is critical to the group</b>. I’m writing it in bold type if you haven’t noticed just like it is in BNI’s general policies, so I’ll say it again. <b>Attendance is critical to the group. </b> This is because showing up regularly and consistently at our meetings, week in, week out, is the best way to develop and mature relationships with each other so that we feel more confident about passing referrals. More referrals mean more money.<br />
<br />
In reality, from time to time you might have appointments or even, dare I say it, holidays that mean you have a good reason not to be at the meeting. If you know in advance, BNI’s policy is, “If a member cannot attend, they may send a substitute (not a member of their own Chapter) to the meeting. This will not count as an absence.”<br />
<br />
A substitute goes along on your behalf to give your Weekly Presentation at the meeting when you are absent.<br />
<br />
The most important point here – who do you choose to be your substitute? It really can be anyone. Picking a substitute can be a good opportunity to choose someone that might be beneficial for your fellow members. As with Visitors, Substitutes might have referrals or contacts for other members, especially if they haven’t been to our meetings before.<br />
<br />
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<br />
<br />
Good substitutes can be colleagues from your own business or your clients or customers, suppliers or other business contacts. One way to sell this is to remind them they are getting a delicious full English breakfast on you, as their breakfast fee is of course covered by your regular subscription.<br />
<br />
You can also consider family and friends as substitutes. One advantage is that hopefully they will talk about your business in glowing terms!<br />
<br />
Ideally, good substitutes will be people, like Visitors, who are potentially in a position to consider joining the group. They should be treated just like Visitors, especially if it is their first visit to the group. They may well have referrals for members of the group or be interested in joining themselves. Picking a good substitute can potentially be a great benefit to the group as a result.<br />
<br />
A challenge a networking group can have is people who regularly substitute for members of the group. They are unlikely to have referrals for other members or to want to join; if they had wanted to join, they would have already. They are less likely to have referrals or new contacts for members of the group, having been a number of times before. So, selecting a good substitute can really make a difference.<br />
<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-28007349623410994682017-09-08T05:23:00.002-07:002017-09-08T05:24:21.277-07:00Artificial Intelligence and the Internet of Things – a Legal Scenario<div class="separator" style="clear: both; text-align: center;">
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<div class="MsoNormal">
<i><span style="font-family: inherit; line-height: 115%;">By Adam D.A.
Manning LLB, LLM<o:p></o:p></span></i></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
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<span style="font-family: inherit; line-height: 115%;">Artificial Intelligence (AI) already plays a surprisingly large role in
our society and economy, from the way mobile phones route calls to financial
software predicting or playing the stock market, and will become even more
prevalent in the future. A term used to
refer to computer systems that mimic aspects of human intelligence such as
taking decision or even learning, AI is here to stay.<o:p></o:p></span></div>
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<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Another related, revolutionary advance is the Internet of Things (IoT).
Put simply, IoT is interconnecting all sorts of devices, including everyday
objects, over the Internet so that they can exchange data. This can include medical equipment such as
pacemakers, beds in hospitals able to detect if someone is lying in them and
even smart watches worn to track exercise. It can include devices monitoring
infrastructure such as roads, bridges and railway tracks. It is of potentially
enormous application and there are estimates of 20 to 30 billion IoT enabled
devices by 2020. One consequence is a
huge increase in the amount of data available for access.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">In considering the practical implications of these developments, one
illustrative scenario could be that unfortunately regular occurrence, the road traffic
accident. Cars are a perfect example of “devices”
that could be on the IoT and if so, this might entail a car transmitting
constant data about its position, speed, orientation and even whether it has a
fault or is damaged and in need of repair.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Imagine also that the roads themselves have sensors embedded in them
that can detect similar information about the vehicles travelling on them, such
as their position and heading. This might be linked to a CCTV system through
fixed position cameras or even drones. Data from the transport infrastructure
system might also include information about the conditions of the road, such as
whether it is dry or not, and the general prevailing conditions (time of day,
bright sunshine, visibility, fog, cloud, wind and so forth).<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">For the time being, ignore the issue of driverless cars to keep things
simpler. Now, on this road of the future, imagine that there has been a nasty
accident involving several motor vehicles, in which sadly some of the occupants
have been injured.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">The data from vehicles and the road network could be transferred to the
police force’s computer to determine whether the emergency services were needed
to attend at the scene and, if so, in what number. As this is a serious
incident, a substantial contingent might be appropriate. As a result, the
emergency services might be alerted sooner than any of the humans at the scene
or observing might have been able to contact them. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Once the emergency personnel arrive, their data would be added to the
set of information already available from the vehicle and road sensors, including
an assessment of the injuries suffered by victims at the scene and more details
about the damage to the vehicles, including photo and video imagery. Witness
evidence from people at the scene (or later taken at the police station or a
victim’s home) would add further data.<o:p></o:p></span></div>
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<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">The AI system used by the police would then analyse all of this data and
consider issues concerning criminal liability. This might involve, in part, the
use of an expert system, which takes data and applies decision making processes
to it. Expert systems are an established field of AI with a long history and do
not represent a radical new advance, apart from perhaps the huge amount of data
that a true IoT would provide. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Whether anyone involved was driving over the speed limit might be a relatively
straightforward issue for the system to analyse. The software might also
analyse whether any of the drivers were driving in such a way that might be
considered dangerous or caused the incident. This analysis might evolve over
time as the software begins to recognise features of a situation that to a
police officer suggest dangerous driving; true machine learning might be
required.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;"><br /></span></div>
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<span style="font-family: inherit; line-height: 115%;"><br /></span></div>
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<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">The data set could then be further analysed by the police force’s AI to
determine if any of the drivers had breached the criminal law and warranted prosecution
as a result. This would involve analysing the witness evidence for weaknesses
such as contradictions with the objective data obtained from the vehicles and
road sensors. Part of this system would entail natural language comprehension
on the part of the AI; that is the system would have to “understand” the text
of the witness evidence. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">If the police force’s AI determined that the case might warrant
prosecution, a recommendation could be made for the case to be forwarded to the
Crown Prosecution Service (CPS) for a CPS lawyer to review, possibly with the assistance
of the CPS’ AI system. The CPS’s AI could analyse the data relevant to this incident
and compare it to its library of similar incidents, reviewing their outcomes
and predicting what could happen concerning this particular incident. The conclusion
of this analysis would be a recommendation regarding prosecution and the
possible offence involved.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">With regard to the civil law aspects of the situation, the data would be
transferred to the AI system for the insurers for those involved in the
incident. The insurer’s AI would analyse all of this data to determine if any
of the parties involved had a personal injury or motor vehicle damage claim
against any of the others. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">This would, as the case progressed, include data from the hospitals, GPs
and other medical practitioners involved concerning the nature and extent of
the injuries suffered. At an appropriate
point in time, when prognoses were as clear as they could be, the insurers’ AI
systems could recommend offers to make to settle the claims and even negotiate
settlements based on precedents for the amount of compensation involved.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Data from garages, employers, physiotherapists and others could be
included in the claim to ensure full compensation was recovered, including loss
of earnings. Insurance companies already use software such as Colossus to value
claims; this just takes the process to its ultimate conclusion.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">Of course, in reality this system might have regular human supervision
to ensure it wasn’t making aberrant decisions, but in principle this could operate
quite independently of human intervention. Lawyers, that is human lawyers,
might only be involved in very difficult cases where the data, even in this
amount, was unclear as to whether there was any issue of liability.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">The widespread use of driverless vehicles in the future implies that a
lot of the data about the vehicle’s position, speed and heading will be
available in any event as it will be needed by the driverless navigation
system. In the event of an incident, the
issue of who, if anyone, is prosecuted or liable in a civil sense becomes
rather more abstract and it may be that the appropriate tort is one of product
liability rather than negligence.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<span style="font-family: inherit;"><br /></span>
<div class="MsoNormal">
<span style="font-family: inherit; line-height: 115%;">This thought experiment illustrates an example of how an even more data
driven digital society might function. It relies on an Internet of Things
generating the huge amount of data necessary, the internet as a medium for the
exchange of this data and AI systems within our institutions and companies
processing it and taking sometimes very serious decisions as a result. </span></div>
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<span style="font-size: 12.0pt; line-height: 115%; mso-ansi-language: EN-GB;"><br /></span></div>
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Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-19325261893655381882017-08-04T05:40:00.002-07:002017-08-04T05:40:59.561-07:00Nuptial Agreements<div class="separator" style="clear: both; text-align: center;">
<a href="https://2.bp.blogspot.com/-egzO6SadzcA/WYGnNx7Xj5I/AAAAAAAABEk/GcosJVWwUwE4yiCq-W9dWqFJZU50RM05gCPcBGAYYCw/s1600/Adam.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="365" data-original-width="365" height="200" src="https://2.bp.blogspot.com/-egzO6SadzcA/WYGnNx7Xj5I/AAAAAAAABEk/GcosJVWwUwE4yiCq-W9dWqFJZU50RM05gCPcBGAYYCw/s200/Adam.jpg" width="200" /></a></div>
<i>By Adam Manning LL.B., LL.M., Senior Solicitor</i><br />
<br />
Many of us have some familiarity with the idea of pre-nuptial agreements from American films and TV shows but for some years these have been becoming more important in our jurisdiction as well.<br />
<br />
These are agreements that the two parties to a civil partnership or marriage enter into either before or after their wedding or the celebration of the civil partnership takes place. While we often hear of pre-nuptial agreements, agreements entered into after the wedding, called post-nuptial agreements, are becoming more common as well and may have some advantages over pre-nuptials.<br />
<br />
Nuptial agreements centre on the property and assets that the parties own and what is to happen to these if regrettably the marriage or civil partnership comes to an end. The purpose of these agreements is normally where one of the parties has assets that are more substantial than the other and wants to protect them if there is a dissolution or divorce.<br />
<br />
During a divorce or the dissolution of a civil partnership, the financial aspects of the situation are often resolved and the assets divided between the parties. A nuptial agreement will seek to restrict the ability of one or both of the parties to make claims on the assets of the other if such proceedings take place. For example, let us say one of the parties has a substantial shareholding in a profitable business. Prior to getting married, they could enter into a pre-nuptial agreement which would state that their partner agrees not to make any claim on that asset if their relationship should come to an end.<br />
<br />
Another example would be where the agreement lists the assets of each of the parties in Schedules and states that if the relationship breaks down, both parties agree not to make any claim on the others’ assets as set out in the Schedules. Any additional property or assets the couple gain during the civil partnership or marriage could, in this example, be considered to be their joint assets and if the relationship comes to an end, the parties would be entitled to make claims with regard to them in the normal way.<br />
<br />
Previously, the Courts were reluctant to give nuptial agreements recognition when considering the division of marital assets during a divorce. Life has moved on though and in recent years they have become a more important factor in considering how the financial aspects of a divorce or dissolution are dealt with. Yet they are still some way from being comprehensively binding on the parties in all circumstances, as the Courts are likely to take account of other factors as well.<br />
<br />
At present, an agreement like this will be taken seriously by a Court when considering how the assets of a civil partnership or marriage should be resolved, but they will not be the sole criteria at play. Perhaps one of the most significant points that would lead to a Court not strictly following a nuptial agreement is the needs of the parties. If one of the spouses or partners finds themselves in very difficult financial circumstances at the time of the breakdown of the relationship, the Court may move away from following the strict wording of a nuptial agreement to ensure they receive more of the marital assets.<br />
<br />
A recent case reiterated this point and made it especially clear in cases where the family included young children. The Court stated that the terms of a nuptial agreement cannot be allowed to prejudice the reasonable requirements of the children of a family. <br />
<br />
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<br />
If a lot of time has passed since the agreement was entered into, the Court may conclude that the parties’ situation is now very different from the date of the agreement and so, while the agreement is of interest, other factors may be taken into account as well.<br />
<br />
A Court may also look into the circumstances surrounding how the agreement was drawn up and executed by the partners or spouses. In particular if there is any suspicion that one of the parties was pressured into entering into the agreement, the Court may put the agreement to one side or lessen its influence on how the marital assets should be divided.<br />
<br />
An inference of this sort of pressure can arise if the agreement was entered into shortly before the celebration of the civil partnership or wedding took place. This is the reason why post-nuptial agreements may become more popular. In the build up to a wedding or the celebration of a civil partnership, the pre-nuptial agreement can become overlooked or rushed. Often the parties have more time to consider their situation once the big day has been and gone. Post-nuptial agreements are not as likely to be drawn up in a hurry as pre-nuptial ones and so might be less likely to be challenged.<br />
<br />
For a nuptial agreement to be as binding as possible, both parties must have independent legal advice before entering into it. Clearly a solicitor ought not to advise both parties on the same agreement as there will be a conflict of interest. Solicitors are often expected to complete a section at the end of the nuptial agreement to provide evidence that the parties had the benefit of legal advice before executing the document.<br />
<br />
Nuptial agreements are increasingly important and people are becoming more familiar with the concept. At present, if the parties have an agreement of this sort it is likely to play an important role in considering how the marital assets are divided but it may not be the only one and solicitors have to advise their clients of the uncertainty that persists as a result.<br />
The Law Commission has recommended reforms that, if enacted, would help nuptial agreements become a more effective means for the parties to take control of their situation. If a nuptial agreement fulfils certain criteria it can be considered to be binding on the parties. These are that<br />
<br />
•<span style="white-space: pre;"> </span>there was no undue influence on either party,<br />
•<span style="white-space: pre;"> </span>each party received independent legal advice,<br />
•<span style="white-space: pre;"> </span>full disclosure of all assets took place beforehand and <br />
•<span style="white-space: pre;"> </span>the agreement came into effect at least 28 days prior to the wedding or celebration of the civil partnership.<br />
<br />
If the agreement satisfies all this, then according to the recommendations it should be binding on the parties. It remains to be seen if these proposals come into force; reforming divorce laws is often a controversial issue. Even so, greater certainty must be a welcome development for those who are considering entering into this type of agreement.<br />
<br />Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-83030093047844541252017-08-02T03:21:00.002-07:002017-08-02T03:21:41.912-07:0012 Points about Visitors in Business Networking<div class="separator" style="clear: both; text-align: center;">
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<i>by Adam Manning</i><br />
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Visitors, it is often said, are the lifeblood of a business networking group such as BNI, the world’s largest business networking organisation. The following are 12 points to consider about why this is so true and how you can get more visitors to your group.<br />
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1.<span style="white-space: pre;"> </span>Statistics have shown time and time again that visitors are often the highest source of referrals for members of a business networking group. This is true both in the number of referrals they give and also the amount of money people earn that those referrals lead to. People generally join a business networking group to make more contacts in the hope that these lead to us earning more money for their businesses and these statistics show visitors to the group, whether they join or not, are the best source for this.<br />
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2.<span style="white-space: pre;"> </span>Almost as importantly, visitors are hugely important in growing a networking group. Quite simply, you can’t grow your group without more visitors. The more visitors there are, the more will apply to join and the larger the group will grow. The larger the group, the greater the number of referrals and the greater number of referrals, the more money the members make.<br />
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3.<span style="white-space: pre;"> </span>When a networking group has visitors in the room, it’s clear that they will have better meetings. Everyone is just that bit better behaved – more professional and more business like. The members feel more motivated and the atmosphere is more positive. If there are no visitors, meetings seem to have less interest and less point to them. Fresh faces mean fresh interest and sometimes, fresh jokes!<br />
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4.<span style="white-space: pre;"> </span>In BNI, as a baseline, Charlie Lawson, a national BNI director, recommends that each week a BNI group should have at least two eligible visitors at a meeting.<br />
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5.<span style="white-space: pre;"> </span>It’s important to remember what a visitor is, in terms of BNI. They have to be someone where there is no conflict with an existing member. Also, they cannot be a member of a business networking group that competes with BNI. We are perfectly happy to have visitors from groups that don’t compete; in fact that is great as they are likely to have more contacts. If you have any concerns about these points, please check with your group’s leaders or your regional Director.<br />
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6.<span style="white-space: pre;"> </span>In short, they have to be eligible to apply to become members of BNI. But this doesn’t mean that you should only be thinking of inviting people to visit who are interested in becoming members of our group – far from it in fact. We want visitors to see us, regardless of whether they may or may not be interested in joining. As stated before, visitors are a great source of referrals for the Chapter and that is what we really want – lots of referrals. In terms of inviting people to apply to join, visiting us and enjoying our meetings is really the best way to do that. So, don’t even think about who may or may not want to join when seeking to invite people to visit us.<br />
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7.<span style="white-space: pre;"> </span>So, visitors are of the utmost importance to a chapter that wants to be successful – but how do we go about inviting them? Firstly you will need to find details of visitors. You can do so from google searching the type of business you are interested in inviting. The Checkatrade website is a good source of information about this as well. Also, have a look for vans or cars with details of businesses on and think about inviting them. Local magazines may have details of businesses that are advertising – they might be interested as well.<br />
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8.<span style="white-space: pre;"> </span>Now, how do you invite visitors? As a basic step, send out invitations. These can be letters in the post or by email. In BNI branded postcards are available which you can send as well – new members should have some in their new membership pack. I like to send a postcard with my invitation letter.<br />
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9.<span style="white-space: pre;"> </span>You can also invite people using social media. Over the years I’ve been with my BNI group, we’ve had people come along to visit through spreading the word on Facebook, twitter and LinkedIn. They do work, so keep going. As well as messages and posts, also think in terms of Liking other members posts – these do get spotted.<br />
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10.<span style="white-space: pre;"> </span>Attending other networking meetings is a great way to meet potential visitors. Please think of your group as your core network but for your business’ sake as well, as the group, we should all be out there doing more networking. There are lots of the other networks and groups to visit, some more formal than others. There are the curry nights that meet regularly and other groups that do not compete with our group.<br />
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11.<span style="white-space: pre;"> </span>Also, why not create your own event? Some businesses have open days or evenings to invite new clients, customers or contacts in. This could be a great way to meet potential visitors.<br />
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12.<span style="white-space: pre;"> </span>Finally, get out there and network generally. We are social creatures and all the people in a networking group should be interested in meeting new people – otherwise why would you be here? Get out there and meet new people, whether it be charity or cultural events, community groups, barbecues, dinner parties, sporting events – you name it, there’s always an opportunity to meet new people. So, go get lots of visitors in and take your business networking group to the next level of growth and success!<br />
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Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0tag:blogger.com,1999:blog-61131717413059612.post-45393444168655498452017-07-28T09:42:00.003-07:002017-08-02T03:47:59.946-07:00Employment Tribunal Fees are unlawful, Supreme Court rulesIn one of the most striking decisions concerning employment law for some time, the Supreme Court has ruled that the government was acting unlawfully and unconstitutionally when it introduced tribunal fees in July 2013.<br />
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Employment Tribunals deal with a broad range of claims, including those for unfair dismissal and discrimination. Prior to the introduction of fees, the criticism had been that there was little stopping claimants bringing claims that were groundless or malicious in intent, with a view perhaps to obtaining a payment from a former employer to stop the case going ahead. The introduction of fees was, in part, a means to prevent these types of vexatious and baseless claims from going ahead.<br />
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Yet the introduction of fees, especially at the rates laid down by the rules, was controversial right from the start. The fees are payable at different stages of the case and can be up to £1,200 if a matter proceeds all the way to a hearing. Exemptions from paying fees are available, but as with the Legal Aid, these are restrictive in nature and are not applicable to most claimants.<br />
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Those seeking justice through the Employment Tribunal are often in a difficult position financially, especially if they have recently lost their job. This is especially so when the time period to bring an employment claim is so short. Gambling such fees, which to most of us are significant sums of money, will put many people off.<br />
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I know from personal experience of people with good cases, where the injustice is there for all to see, who have not gone ahead after deciding they are not in a position to pay the fees involved. Fees have, in short, lead to a substantial decline in the number of people exercising their rights. If this is so, the next question has to be, are the rights worth having in the first place if people are unable in practice to access them?<br />
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Interestingly, even the Confederation of British Industry (CBI) voiced its concerns about the high level of fees. Rob Wall, the CBI’s head of employment policy, has stated that while supporting the principle of fees to prevent vexatious claims, “we have never called for the level of fees the Government has introduced.” If even an organisation representing employers takes this position, something must be seriously wrong.<br />
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The decision of the Supreme Court has lead to the government stating it will immediately cease requiring the payment of fees and will go further and refund the payment of fees to those who have paid them previously. We will see if the number of claims at the Employment Tribunal recovers and yet there are two rather interesting points that follow. Firstly, there will have been many people who have been denied justice since July 2013 following the requirement to pay a fee to bring a claim. Secondly, it is notable that the government managed to take this unlawful decision despite all the criticism and controversy at the time. Perhaps this case will dissuade the government from continuing its apparent campaign to increase Court and tribunal fees whenever possible, especially as it has been demonstrated that unlawfully introducing or increasing them directly impedes the pursuit of justice.<br />
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The full Judgement can be found here:<a href="https://www.supremecourt.uk/cases/docs/uksc-2015-0233-judgment.pdf" target="_blank"> https://www.supremecourt.uk/cases/docs/uksc-2015-0233-judgment.pdf</a>Adamhttp://www.blogger.com/profile/15333965082395815383noreply@blogger.com0