Blog

Articles and legal news from the Atkinson Vinden Team.

  • What is the difference between mediation and arbitration?

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    Alternate Dispute Resolution Mediation and Arbitration are both forms of Alternate Dispute Resolution. Today, as a result of ever increasing delays and the cost of Court proceedings, more and more couples are choosing the alternate dispute resolution processes to resolve their disputes. What is mediation? Mediation is a structured negotiation process which is facilitated by...

    Disputes, Family Law

  • Shareholder Oppression

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    Whilst there are no defined limits on what constitutes shareholder oppression, it generally occurs where a minority shareholder is subjected to unfairness or prejudice by the abuse of majority power or control over the company.  In that respect, it is not uncommon in the operation of companies for majority shareholders to seek to use their...

    Disputes

  • Mixing Business and Friends

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    When it comes to mixing business with friends, there are many differing views.  Some consider that the two must always be kept separate, in order to ensure any practical and difficult decisions do not impact the friendship. Other people fall into business relationships with old friends or form trusting relationships with colleagues, leading to mutual...

    Commercial Law, Disputes

  • Family Provision Claims: Duties of an Executor

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    What do you do if you are the executor of an estate, and a family member decides to bring a claim? An Executor has a duty to defend family provision claims brought against the estate. Their duties will depend on the nature of the legal proceedings but may include: 1. Contesting the claim on the...

    Disputes

  • Personal guarantees – the importance of getting them right

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    Many of our firm’s clients are small business owners who give personal guarantees as a necessary means of obtaining finance. Often we also see parents giving guarantees on behalf of their children so that finance can be obtained to enter the property market. A personal guarantee is a very serious commitment which can have catastrophic...

    Commercial Law, Disputes

  • Settling a family provision claim before it proceeds to Court

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    The threat of potential claims against an Estate may arise fairly quickly after someone passes away. A potential claimant may approach the executor quite soon after the death of the deceased claiming they have been left out of the will wrongly or that the provision made for them in the will is insufficient.  Negotiations can...

    Disputes