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Articles

Monday, 6 February 2012

Limited Liability Partnerships: An Overview

Since its introduction under the Limited Liability Partnership Act 2000, the Limited Liability Partnership (LLP) has become an increasingly popular legal structure. Its ability to combine limited liability with the tax status and flexibility of a partnership has contributed to its rising prominence as a corporate vehicle. Although originally devised to provide professional partnerships with greater liability protection, it is not limited to this and is often used elsewhere, equity joint ventures for example.

Sunday, 5 February 2012

Purpose of Warranties in the context of Acquisitions

The law offers little protection to the buyers of a private business in the absence of fraud or misrepresentation. Most business people are familiar with the concept of caveat emptor, or 'buyer beware' in more modern parlance. However, difficulties arise in the purchase of businesses as going concerns where it may not be possible to identify all problems or potential issues impacting upon the value of the business. It is up to the buyer of a business to ensure that he has taken steps to protect himself as far as possible through contractual negotiation with the seller and in particular obtaining contractual warranties. Contractual warranties are central to the buyer's risk-management process in the sale and purchase of a business.

Wednesday, 1 February 2012

Dangerous Dog Bites Double Over Decade

A recent case in which a six-year-old girl had part of her ear bitten off by a dog in Essex has once again highlighted this growing problem. Police have charged the man with allowing the dog to be dangerously out of control in a public place and causing injury under the Dangerous Dogs Act 1991. Although the victim suffered additional damage to her neck and shoulder she survived the attack. Following such a horrific attack, what sort of recourse might the injured party have against a dog owner to compensate them for their injuries?

Recession Increases Cyclist Deaths

The rise of austerity, environmental concerns and healthy living has seeing increased numbers of people resorting to their bicycles for daily transport. The immediate implications appear positive but accident statistics should make cyclists heed a note of caution.

Speed Cameras Reduce Accidents

Despite their unpopularity with many motorists, evidence shows that speed cameras have been effective in reducing accidents. Although cameras are often highlighted more for the revenues they produce than the accidents they prevent, figures show that the number of people killed or seriously injured on roads where they have been installed has fallen by up to two thirds in some places. Anyone who has worked with crash victims can only welcome such a trend.

Surveillance and Your Claim

Social networking, an increase in CCTV presence on the street and the ease of mobile phone video recording should be kept in mind by Claimants while they pursue their claim for personal injury compensation.

Costs and Part 36 Offers

Early settlement and negotiation is encouraged under the Civil Procedure Rules by providing mechanisms for offers to be made and properly considered.