132 results
25 Sep 2019 10:16
Proportionality in litigation costs: Guidance from the Court of AppealClaire Acklam, a Senior Associate in Walker Morris’ Commercial Dispute Resolution Team, highlights a Court of Appeal case which offers important guidance on the application of the test for proportionality of litigation costs. Hot on the heels of the first High Court decision to deal with the more...
Who Wins: Drone Operators or Local Government?
Who Wins? Drone operators or Local Government? 1. This is a question that is increasingly being asked by operators, whereby institutions[1] are coming into conflict with drone operators. Institutions are seeking to rely upon local law in support of their established authority. This question raises more...
Shareholder Protection from Unfairly Prejudicial Conduct: Case and Statute Citator 2019
The latest edition of Andrew Marsden’s useful guide to the law relating to Shareholder Protection from Unfairly Prejudicial Conduct: Case and Statute Citator 2019: http://commercialchambers.org/uploads/pdfs/Shareholderprotection2019.pdf more...
17 Jul 2019 15:43
Creative remedies in unfair prejudice petitionsJust as there is an infinite variety of ways in which majority shareholders in a company can mistreat a minority shareholder, the court also has creativity at its disposal when determining the appropriate remedy. It is tempting to dismiss share valuation as the province of expert valuers. However, more...
17 Jul 2019 15:34
Where does the law stand now on discounts for minority holdings in non quasi-partnership companies?Introduction There has been little in the area of unfair prejudice petitions that has caused more controversy in recent years than whether successful petitioners, having established unfair prejudice against the wrongdoers, should see the price paid for their shares reduced, possibly almost to more...
17 Jul 2019 15:30
Share Valuation in Shareholder DisputesOverview When it comes to key issues in unfair prejudice petitions, there is little which is more important to petitioners and respondents alike than whether a buy out order is likely to be made by the court, and if so what price will be ordered to be paid for the shares. The issue of valuation, more...
17 Jul 2019 15:25
Not so common common law“The current system of awarding interest is muddled and out-of-date. It is difficult to justify to litigants, and gives the impression that the legal system is living in the past.” So wrote the Law Commission in 2004 (Law Com no. 287 at paragraph 1.15). The decision of the Court of Appeal in Al more...
17 Jul 2019 15:19
Recent Developments in Quasi-PartnershipsApplying the same set of legal rules to all companies, regardless of their individual circumstances and characteristics, can lead to injustice. The concept of “quasi-partnership” encourages a more nuanced approach and allows courts to recognise and enforce equitable obligations which may have arisen more...
17 Jul 2019 15:15
Unfair Prejudice Petitions: what makes prejudice “unfair”?Unfairness is an essential ingredient in minority shareholder petitions. Prejudice alone is not enough. This article explores just what it is that a petitioner needs to prove to make prejudice “unfair” in order for a petition to succeed. The Elements of a Section 994 Petition Section 994 of the more...
17 Jul 2019 15:08
Introduction to “Demystifying Shareholder Disputes”, a series of articles by 4 New Square4 New Square continues to enjoy rapid growth in its profile in acting in shareholder disputes in England & Wales and internationally, including the recent unfair prejudice petition in Edwardian Group case in which Justin Fenwick QC and Anthony Jones acted for the successful Petitioner. Throughout more...
11 Jul 2019 14:55
IP Insight – "Chinese Walls": Claimant Fails to Injunct IP Boutique Acting for OpponentsIP Insight is a series from Virtuoso Legal the Intellectual Property Specialists. This case concerns “Chinese walls” information barriers, and their efficacy in small firms. Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC) (05 July 2019) more...
2 Jul 2019 09:23
SPG Law instructs Exchange Chambers on “Dieselgate” class actionA number of barristers from Exchange Chambers have been instructed by SPG Law to advise on the Volkswagen “Dieselgate” class action. SPG Law are acting for over 16,000 car owners who bought a diesel VW, Audi, Skoda or Seat car between 2008 and 2015. On the 18 September 2015 it was first alleged by more...
19 Jun 2019 15:18
Burnden Holdings (UK) Ltd v Fielding [2019] EWHC 1566 (Ch)On 19 June 2019, the High Court handed down a wide-ranging judgment concluding the lengthy proceedings brought by Burnden Holdings (UK) Ltd (“BHUK”) and its liquidator against two former directors, Mr and Mrs Fielding, in relation to a distribution in specie by BHUK and the grant of security in more...
Failure to pay dividends held unfairly prejudicial: Routledge v Skerritt [2019] EWHC 573 (Ch)
Summary This was an unfair prejudice claim brought by a minority shareholder under section 994 of the Companies Act 2006. The principal complaint concerned non-payment of dividends. The company had two classes of shares, ‘A’ and ‘B’ shares. The rights attached to the shares allowed for dividends to more...
5 Jun 2019 11:11
Fixed fee Private Neutral Evaluation service for civil claims under £25,000.00 launched by No5 Barristers’ ChambersNo5 Barristers’ Chambers is offering a new service for claims up to £25,000 through fixed fee Private Neutral Evaluation. Echoing the FDR appointment in family proceedings, the scheme is being spearheaded by Philip Mantle and No5’s Business and Property Group. The scheme aims to give the parties to more...
23 Apr 2019 10:33
PBS Energo A.S. v Bester Generacion UK Ltd [2019] EWHC 996 (TCC)Steven Walker QC successfully acted for the defendant in seeking the dismissal of an application for summary judgment to enforce an adjudicator’s decision in the face of the defendant’s case that the decision was procured by fraud. The case relates to a contract Bester Generacion UK Limited entered more...
Relief From Sanctions - A Sense of Perspective
In Parham Khandanpour -v- Colin Chambers [2019] EWCA Civ 570 the Court of Appeal considered the question of appropriation of payments made by a debtor and relief from sanctions. Judgment was obtained, and damages of £6,874 awarded, for unlawful eviction and breach of covenant, following a fast track more...
8 Apr 2019 10:43
Supreme Court confirms ‘fraud unravels all’Why is this case important? Walker Morris’ Andrew Beck and Tim Pickworth, specialists in litigation and dispute resolution with extensive experience of dealing with fraud cases, explain the Supreme Court’s recent decision in Takhar v Gracefield. This high profile case was concerned with the more...
4 Apr 2019 10:00
Dodging a bullet: reaching early determination in civil fraud proceedingsCivil fraud cases can be time consuming and costly for the parties involved. While litigation in the English courts has many advantages, cases can go on for years, demand extensive and potentially uncomfortable disclosure of documents, and require individuals to be cross-examined in court. Sometimes more...
25 Mar 2019 10:13
Setting aside judgments on the basis of fraudA bare-knuckle fight between the principles (1) that fraud unravels all, and (2) that there must come an end to litigation? Takhar v Gracefield Developments Ltd [2019] UKSC 13 Click here to read the full case note by Simon Wilton. more...
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