When a litigation funder finances a claimant to take proceedings, which are unsuccessful, and the claimant is not in a position to pay the defendant’s costs, it is possible for the defendant to apply for a costs order against the funder. In general terms, a costs order is likely to be made against the funder […]
Monthly Archives: August 2019
Directors personally liable for breaching employment contracts
The creation of the limited liability company in the 19th century has been described by some as the most important invention of the industrial age. But in recent times the protection that limited liability gives to directors has been eroded as the Courts discover new exceptions and Parliament is lobbied to change the law to […]
Are directors liable to repay dividends when the accounts they relied on are wrong?
Having previously been to the Supreme Court, the case of Burnden Holdings v Fielding has now gone to trial and created even more new law. At the heart of the case was the question of whether the directors, Mr & Mrs Fielding, were personally liable for breach of duty in causing the company to declare […]
You don’t need a board meeting to declare an interim dividend
If you are a company director searching on Google how to declare an interim dividend, the answers you get would suggest that a board meeting is required. After all Part 23 of the Companies Act 2006 requires the directors to consider the relevant accounts and satisfy themselves that the company has sufficient distributable profits before […]