Whose fault is it anyway? Finally an end in sight for the blame game…

Divorce and separation can be a time of huge conflict and heartache for couples. It is widely accepted that the current divorce law in England & Wales has further exacerbated the position, leaving divorcing couples with no option to end the marriage amicably immediately upon separation. As it stands, unless blame is apportioned, they must wait until they are separated for two plus years. This can be very distressing for separating couples and can result in increased acrimony or considerable delays, neither of which are particularly helpful in already very difficult circumstances. The impact of starting proceedings on an acrimonious note on the families going forward is immeasurable.

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Zombie companies – be very afraid

Beware of Zombies.jpg

The acclaimed comedy film Shaun of the Dead featured Simon Pegg and Nick Frost trying to keep hordes of zombies at bay, as they infiltrated a leafy suburb. The humans sought refuge in a pub called The Winchester Tavern, where the final grisly showdown takes place.

In the business world, there is no shortage of zombies. Whilst there is no set definition, a regular symptom of such a business will be that is getting by through paying interest due on its debts, but not the underlying debts. Absent parental company or third party support, the business may only be surviving courtesy of the continuing low interest rates in the UK. Its viability in the future may therefore be questionable.

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Cybercrime – you can’t stop it, but can you minimise it?

In the wake of the GDPR coming into force we have seen a heightened awareness of cyber risk.  We are seeing the news carry stories around the latest high-profile “hack”, a word rarely mentioned in the business news until recently. Now, however, cybercrime has moved up the risk agenda of businesses all over the world, who could find themselves targeted by a malicious actor, every computing milli-second of every working day. It’s a term that covers a multitude of evils, from the compromise of customer data to bullying and harassment. This article focuses on cyberattacks that seek to damage or drain a business of financial or information assets.

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New laws bolster powers for prosecuting authorities

In September 2018, we reported on the Crime (Overseas Production Order) Bill (“Bill”) – which was the UK’s attempt at expediting the cumbersome process that UK law enforcement agencies (“LEAs”) navigate when seeking to obtain data that is held overseas as part of a criminal investigation and/or prosecution. It was the case that in order to obtain overseas data, the only route available to gather such evidence would be via the Mutual Legal Assistance channel, which was seen as sluggish, and potentially riddled with red tape.

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Litigation funding – is your business getting enough information to make the right choices?

Stuart Evans, partner and head of commercial litigation, London examines different litigation funding options.

So, you are a manager in an SME and you have been dealing with an important claim relating to your business. You have worked hard to prepare a case which has strong merits, to calculate a range of settlement options that work for you and, vitally, establish that your opponent has sufficient asset value to meet any judgment in your favour should the case have to go to trial. You have, therefore, a viable asset that your business can utilise as an investment to get a substantial return and properly compensated for the problems your opponent has created.

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Defamatory and offensive comments on social media – why employers and delegators are being drawn into the liability trap

In what seems like no time at all, we now see the incredible speed, reach and influence of online postings. Quick tweets, retweets, backlashes and the “wisdom of the crowd” in the world of social media are a daily news item. Some postings can be defamatory or give rise to other civil or criminal liability. More and more, it is not only those who have hit the keyboard that can find themselves in the firing line, it can also be those who employ them, hire them or delegate tasks to them, with serious consequences for their individual and corporate reputation and, importantly, their bank balance.

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Simple wills won’t protect your legacy

Wills are simple aren’t they? For most of my career, I had been told that wills are so straightforward that anyone can draft them. Unfortunately, this public misconception encourages people to attempt to draft their own wills or buy low-cost “will packs” online or from a stationer. Continue reading “Simple wills won’t protect your legacy”