Your Litigation Risk

Companies of all sizes have a litigation exposure whether they realise it or not. Small business owners through to publicly listed companies and multi-national corporations, all have one thing in common: when a dispute arises, the company (more often than not) had no idea of just how many facets of the business were exposed to a high risk of being engaged in lengthy and protracted litigation. 

We pride ourselves on understanding the commercial needs of our clients. We understand that each client is different. We ensure that our dispute resolution strategies are individually tailored for our clients in order to achieve particular objectives.

A McCabe Curwood legal health check is designed to assist clients in implementing strategies to assess, minimise and manage your business’ litigation risk.

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* 1. Is the business aware of any circumstances which may lead to it becoming involved in any litigation, arbitration or other dispute resolution proceedings? If so, has the business considered its potential exposure including the maximum amount of damages sought by the business and/or by any other party against the business?

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* 2. Are you aware of any details concerning any threatened or pending prosecution or charges against your business or company?

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* 3. Can you provide details concerning any material unsatisfied judgment, order or decision of any court, tribunal or arbitration against the business/company?

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* 4. Is the business/company aware of any allegation or statement by any person (whether in writing or orally) to the effect that the company currently engages or proposes to engage in any type of unlawful conduct?

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* 5. Is your business/company able to pay its debts as and when they fall due?

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* 6. Is your company subject to any winding-up notices, proceedings or applications including the appointment or threatened appointment of a provisional liquidator or receiver?

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* 7. Has your business/company entered into any arrangements with any of its creditors. If so, have those arrangements been appropriately documented to best protect the business’/company’s interests?

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* 8. Are there any satisfied judgments against the company?

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* 9. Has the company entered into settlement arrangements with any parties to avoid litigation?

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* 10. Do you regularly review your advertising and promotional material to ensure that these do not mislead or deceive?

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* 11. Provide details of all insurance policies taken out by or on behalf of the company including directors’ and officers’ insurance and workers’ compensation policies (if any) including dates of expiry and details of last premium payments.

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* 12. Provide details of all claims presently or which in the future may be the subject of an insurance claim.

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* 13. Provide details of transactions, events or non-disclosure known to the company which would or might render any policy void, voidable or unenforceable, or which may enable the insurer to refuse a claim or to require the payment of an increased premium.

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* 14. Provide details of claims made under each insurance cover in the last three (3) financial years, including claims made but not admitted by the insurers.

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* 15. Are you aware of whether or not any mandatory or voluntary standards or codes of practice apply to the products produced by the company?

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* 16. If you would like further information or to be contacted to arrange a legal health check please provide your details here and we'll get in touch.

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