bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Page 23 of 81

The Risk of Witness Evidence

10 November 2022

Litigation risk is the risk that, however strong your case may seem, the Court may still be against you. It is something which every litigant should be aware of. The nature and degree of that risk will differ from case to case. It may be that there is a potential for the court to come form a contrary position on the law. However, most commonly, it refers to the prospect of the Court preferring the other side’s witnesses to your own.

Sole directors may not be able to take legitimate decisions

26 October 2022

It is incredibly common for single director, single owner companies to use the Model Articles (the standard form constitution provided for by law) as the company’s first constitution. This is because the Model Articles were designed to serve new companies that want to establish an enterprise quickly. The Model Articles should be a ready-made rule book for governing a company that can apply to all situations. However, to the surprise of many, the recent English case of Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) (02 February 2022) has called into question the legitimacy of sole director decision making if a company uses the Model Articles as its constitution.

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