86 results
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...
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...
20 Mar 2019 10:44
High Court rules on key contractual issues in Post Office Group LitigationOn 15 March 2019, the High Court handed down its first judgment on substantive issues in the high-profile Post Office Group Litigation [1], as Commercial Dispute Resolution specialists Gwendoline Davies and Nick McQueen explain. The judgment, which stretches to 315 pages, is notable because it more...
28 Feb 2019 09:42
Without Prejudice communications: think before you ink!It is a common misconception that one can simply label a document “without prejudice” and expect that it will not be seen in court. Here, we provide a quick summary of the nature and proper use of without prejudice communications, and the common mistakes that are made when people mark documents, or more...
22 Feb 2019 09:23
Who's telling? Do Non-Disclosure Agreements have a proper place in settlements?Who’s telling? Do Non-Disclosure Agreements have a proper place in settlements? 21 FEB, 2019 - GENERAL | BY GROSVENOR LAW NDAs in the firing line The news of Sir Philip Green’s use of Non-Disclosure Agreements (NDAs) and the resultant parliamentary discussion has been the subject of considerable more...
14 Feb 2019 09:48
Charles Raffin in successful appeals to the RACB Motor Racing National Court of AppealCharles Raffin with Jamie Horner of 7Legal represented two motor-racing teams from the Blancpain GT Race series in their recent successful appeals to the RACB Motor Racing National Court of Appeal, in Brussels. Charles has a busy sports law practice and has acted for a range of interests from more...
13 Feb 2019 15:58
Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two?McDonald v Rose & Ors [2019] EWCA Civ 4 15 January 2019 When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court? This was an application for an extension of time for more...
6 Feb 2019 12:21
It’s only banter …until someone suesAs the Christmas party season fast approaches and spirited ‘banter’ at work is plenty, the recent case of David Evans v Xactly Corporation Limited (2018) in the Employment Tribunal reminds us that context is king. Mr Evans was employed by Xactly as a Sales Representative, for less than a year, until more...
6 Feb 2019 12:19
Sports stars, politicians and billionaires – diplomatic immunity in the English courtsRecent high-profile news stories about the bankruptcy proceedings against Boris Becker and the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul have brought the status of diplomatic immunity into focus. Bar a highly unlikely political intervention by the Saudi state, the more...
6 Feb 2019 12:18
The dangers of using third party references – a warning to businessesHigh stakes In October 2010 Hassan Barakat, a gentleman with an appetite for high stakes gambling, opened a £800,000 cheque cashing facility with the Playboy Club casino in London (the “Club”). The Club required a credit reference from the player’s bank for twice the amount of credit facility more...
6 Feb 2019 12:17
Minority shareholder litigation: breaking up can be hard to doSigning on the dotted line of the shareholders’ agreement and being part of the “next big thing” is all well and good, but what happens if things go wrong? A frequent occurrence is that, shortly after signing the shareholders’ agreement, the co-shareholders use their majority influence to push the more...
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