David Rosen & Co

Blogs & Insights

mediation in small claims disputes will become mandatory
Dispute Resolution

Mediation post-Churchill. A pause for thought.

This is a blog post relating to the development of mediation in civil / commercial litigation. Following in the path, post-Churchill (Churchill v Merthyr Tydfil [2023]), it will soon become a requirement to mediate as a pre-requisite to bring a small claim in the courts of England and Wales. Civil Mediation ‘As It Could Be’

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David Rosen & Co, Solicitors & Advocates provide business mediation between 2 opposing parties.
Dispute Resolution

Mediation Is Compulsory.  Failure To Engage Is Not An Excuse.

Two cases of significance have been ruled. One in the High Court. One in the Court of Appeal in November 2023, the consequences of which are that:  Mediation is compulsory, if the Court orders ~ And ~ Failure by one party to engage in mediation because you are sure of success at trial, is not an excuse. Alternative

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Litigation

Lifting the corporate veil

Lifting The Corporate Veil In English Law, why do limited companies exist? Why have limited liability at all? Limited liability encourages development of public markets for stock. It limits the risk of investors by the value of their shares in a company rather than unlimited liability and personal exposure. Salomon v Salomon & Company Limited

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Moral compass means having good values such as integrity and ethics to help you make sound decisions.
Litigation

Criminogenic business and why it is important to have internal systems and checks in place to gauge the moral compass of the culture and ethics of business

Criminogenic Business And Why It Is Important To Have Internal Systems And Checks In Place To Gauge The Moral Compass Of The Culture And Ethics Of Business. The definition of CRIMINOGENIC is – having the propensity to commit a crime: causing or likely to cause criminal behaviour. Building Ethical Businesses: Insights from the Study of

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