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DBAs upheld in the Court of Appeal

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I mentioned back in July that a damages based agreement was upheld despite allowing for payment in the case of termination by the client – DBA Enforceable despite early termination clause. Unsurprisingly, the unsuccessful client appealed as their case was that the DBA in question offended the rule against no other provision for payment. If […]

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Suspension of “Wrongful Trading” Provisions

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On 28 March 2020 the Secretary for Business, Alok Sharma, announced a suspension of the “wrongful trading” provisions to allow businesses to keep going during this crisis. Legislation is yet to be set out but it will be retrospective to 1 March 2020 and means that directors, who are often concerned about the liabilities they […]

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A sign of things to come – e-bundling

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The Family Court has issued recent guidance on the use of electronic bundles at https://www.judiciary.uk/announcements/financial-remedies-courts-e-bundles-protocol/ This is intended for financial remedies hearings but is useful guidance for anyone planning on working paperlessly or part paperlessly. Most usefully, it considers the perfectly reasonable situation where counsel and the judge may work paperlessly but there is still […]

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FCA v Avacade – promoting or introducing?

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The FCA is, unsurprisingly, pursuing significant proceedings against Avacade, a related company and its directors in relation to unregulated business. This is an important case as it relates to the responsibility of those unregulated introducers who claim to be “introducers” but the FCA is pursuing as “promoters”. The importance is that there is a narrow, […]