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Leadership and employee mental health

The style of leadership within your company plays a pivotal role in forming its culture. It impacts your business environment, the drive of your team, and fundamentally, the sustainability of your organisation.

Leaders who instil a positive environment and working culture will enjoy the benefits of a highly involved and driven team, with everyone pulling in the same direction for a central cause.

Norwich Pharmacal orders: an analysis of the “good arguable case” requirement

The recent case of Hickox v Dickinson & Anor [2020] EWHC 2520 (Ch) considers the requirements for obtaining a Norwich Pharmacal order (“NPO”). The ability of the court to make such an order remains an exceptional jurisdiction, and the courts are alive to the need to prevent mere “fishing expeditions”. The judge gave welcome guidance on the requirement of a “good arguable case” of wrongdoing.

Dishonesty: what is the standard of proof?

In a recent article, we considered the requirements for pleading dishonesty against a corporate body. The Court of Appeal has recently considered the standard of proof for dishonesty in the case of Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 which resulted in the reversal of the High Court’s dismissal of a counterclaim, and a welcome clarification of the standard required to prove dishonesty.

Is the confidentiality of mediation impenetrable?

Confidentiality throughout the mediation process is key to enabling parties to discuss settlement options frankly and without fear of those matters disclosed at mediation being used against them in any continuing litigation. However, the recent case of Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2020] EWHC 1015 (Ch) serves as a reminder that the confidentiality of mediation is not completely impenetrable.

Bounce Back Loan Fraud

The impact on the economy of Covid-19 has been detrimental and far reaching. With the UK being officially in recession for the first time in 11 years, the Government has implemented a number of packages in order to help businesses survive these tough times, one of these is the Bounce Back Loan Scheme.

SIM-Swapping Fraud: How To Protect Yourself

With smartphones providing a gateway to our financial data they are becoming a prime target for fraudsters. SIM-swapping fraud occurs when someone takes control of your mobile phone number and uses it to gain access to your apps and banking.

A Closer Inspection Of Legal Advice Privilege

The principle of legal advice privilege came under scrutiny by the Court of Appeal at the start of this year in Civil Aviation Authority v R (on the application of Jet2.com Limited) [2020] EWCA Civ 35. We look in detail at the principles established in this case and how these were applied by the court in the recent case of A v B and the FRC [2020] EWHC 1492.

What does the Supreme Court judgment in Sevilleja v Marex mean for victims of fraud?

On 15 July 2020, the Supreme Court handed down a historic judgment which overturned nearly 20 years of precedent relating to the principle of “reflective loss”. The judgment is welcome news for victims of fraud who might previously have been prevented from bringing a claim on the basis that the right of action of a company which had also been wronged may take priority.