Business Law in UK Law
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Sorrell v Smith
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How any definite line is to be drawn between acts, whose real purpose is to advance the defendants' interests, and acts, whose real purpose is to injure the plaintiff in his trade, is a thing which I feel at present beyond my power. When the whole object of the defendants' action is to capture the plaintiff's business, their gain must be his loss. The defendants' success is the plaintiff's extinction and they cannot seek the one without ensuing the other.
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Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
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But the dicta to which I have referred all have in common the idea that it is necessary in our society, a society in which the restraining and controlling framework is built upon a belief in the rule of law, that communications between clients and lawyers, whereby the clients are hoping for the assistance of the lawyers' legal skills in the management of their (the clients') affairs, should be secure against the possibility of any scrutiny from others, whether the police, the executive, business competitors, inquisitive busy-bodies or anyone else (see also paras. 15.8 to 15.10 of Adrian Zuckerman's Civil Procedure where the author refers to the rationale underlying legal advice privilege as "the rule of law rationale").
In cases of doubt the judge called upon to make the decision should ask whether the advice relates to the rights, liabilities, obligations or remedies of the client either under private law or under public law. Is the occasion on which the communication takes place and is the purpose for which it takes place such as to make it reasonable to expect the privilege to apply?
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Hillas & Company Ltd v Arcos Ltd
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Business men often record the most important agreements in crude and summary fashion: modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the Court to construe such documents fairly and broadly, without being too astute or subtle in finding defects, but, on the contrary, the Court should seek to apply the old maxim of English law,
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Warnink (Erven) Besloten Vennootschap v J Townend & Sons (Hull) Ltd
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My Lords, Spalding v. Gamage and the later cases make it possible to identify five characteristics which must be present in order to create a valid cause of action for passing off: (1) a misrepresentation (2) made by a trader in the course of trade, (3) to prospective customers of his or ultimate consumers of goods or services supplied by him, (4) which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and (5) which causes actual damage to a business or goodwill of the trader by whom the action is brought or (in a quia timet action) will probably do so.
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Re McGuckian (No 1)
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During the last 30 years there has been a shift away from literalist to purposive methods of construction. Where there is no obvious meaning of a statutory provision the modern emphasis is on a contextual approach designed to identify the purpose of a statute and to give effect to it.
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Shell U.K. Ltd v Lostock Garage Ltd
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This kind of pragmatism is so deeply entrenched in the common law's approach to a multitude of legal problems, that I decline to accept that the difficulty of defining with precision what term is to be applied in this case is an insuperable obstacle to the implication of any term limiting the Plaintiffs' freedom to discriminate, I am content, in my approach to the further questions arising, to take as the test of the degree of discrimination prohibited by the implied term whether it is such as to render the Defendants' commercial operation oftheir petrol sales business impracticable. This kind of pragmatism is so deeply entrenched in the common law's approach to a multitude of legal problems, that I decline to accept that the difficulty of defining with precision what term is to be applied in this case is an insuperable obstacle to the implication of any term limiting the Plaintiffs' freedom to discriminate, I am content, in my approach to the further questions arising, to take as the test of the degree of discrimination prohibited by the implied term whether it is such as to render the Defendants' commercial operation oftheir petrol sales business impracticable.
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Modern Slavery Act 2015
... ... the United Kingdom, or(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom ... Annotations: Commencement Information # I125 S. 39 in force at 8.8.2016 by S.I. 2016/740, reg. 2(d) ... PART 4: The ... ...
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Bankruptcy (Scotland) Act 2016
... ... a debtor (whether living or deceased) , the sheriff has jurisdiction if, at the relevant time, the debtor—(a) had an established place of business in the sheriffdom, or(b) was habitually resident in the sheriffdom ... (2) AiB may determine a debtor application for the sequestration of the ... ...
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Finance Act 2022
... ... of avoiding the need to apportion profits or losses under this section (and section 275C makes provision for the person carrying on the business to elect for those rules not to apply) ... (3) After section 275 insert—(275A) Rule if person starts to carry on business after 31 March“(1) ... ...
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Serious Crime Act 2015
... ... (c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered); ... (d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons) ... (2) An offence under either ... ...
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SOSIG: an Internet hub for the social sciences, business and law
SOSIG (Social Science Information Gateway) aims to provide a trusted source of selected, high quality Internet information for researchers and practitioners in the social sciences, business and law...
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The Cogs and Wheels of Reflexive Law – Business Disclosure under the Modern Slavery Act
In response to the novel challenges posed by labour exploitation in the contemporary business context, recent years have witnessed an increasing adoption of reflexive law in the form of slavery dis...
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Business regulation, rule of law and formal entrepreneurship: evidence from developing countries
Purpose: The purpose of this paper is to examine the influence of formal rules such as business regulation and rule of law on the level of formal entrepreneurship in Latin America countries over ti...
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Grappling with injustice: Corporate crime, multinational business and interrogation of law in context
This article interrogates criminological ambivalence towards law as both essential in the control of corporate crime and as an enabler of corporate harm. It argues we can make sense of such tension...
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FCA and PSR Support CMA’s Guidance on Business Cooperation Under Competition Law
The CMA recognises that businesses may need to cooperate to ensure supply of essential products and services during the COVID-19 outbreak. On 27 March 2020, the FCA and Payment Systems Regulator...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... A first general certificate to levy distress ... A renewal of a general bailiff’s certificate ... Date of birth ... Telephone N0 ... 2b. Business ... Telephone N0 ... ... Which address is to be used for the purposes of this application? ... as appropriate ... Business ... Does ... ...
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Application for Certificate to act as an enforcement agent
Enforcement forms including forms used by judges.... ... Reset form ... Print form ... Please complete this form in BLOCK CAPITALS and send it to the ... County Court Business Centre, 4th Floor, St. Katharine’s House, 21–27 St. Katharine’s Street, Northampton NN1 2LH ... Are you applying for ( as appropriate) ... A ... ...
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Form SSCS4
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.
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Application for permission to appeal to Upper Tribunal from First-tier Tribunal (General Regulatory Chamber)
Forms relating to the General Regulatory Chamber (First-tier Tribunal), including notice of appeal.... ... Do you have a representative? ... Yes No If Yes, please give details below ... Name of organisation or business (if any) ... Contact name ... Address ... Telephone number ... Email address ... Reference number (if any) ... ... ...