118 results
24 Oct 2019 13:46
The Limits of Applying Partnership Law to Quasi-Partnership Companies: Badyal v Badyal & Ors [2019] EWCA Civ 1644To secure an order for the #winding-up of a Quasi-Partnership company on the Just& Equitable ground, is it necessary only to show that mutual trust and confidence between the shareholders/quasi-partners has broken down? Hardwicke investigates the recent case of Badyal v Badyal & Ors [2019] EWCA more...
24 Oct 2019 10:05
Gladman Developments Limited – forget cash, evidence is king!The Court of Appeal upheld that a planning inspector’s refusal to grant planning permission for a residential development primarily due to a lack of evidence to prove the effectiveness of the proposed air quality measures in Gladman Developments Ltd. v (1) Secretary of State for Communities and more...
23 Oct 2019 09:06
Louis Browne QC and Ian Whitehurst instructed on landmark £100 million data breach claim against EquifaxHayes Connor Solicitors has instructed Louis Browne QC and Ian Whitehurst from Exchange Chambers to advise on the UK’s first representative data breach claim in the High Court. The action could see Equifax ordered to pay up to £100 million in compensation to its estimated 15 million UK customers more...
22 Oct 2019 09:58
Theo Barclay acts for Liverpool Football ClubToday marks the start of a three-day trial in the Commercial Court between Liverpool Football Club and New Balance. The case sees New Balance seek to prevent Liverpool FC from appointing Nike as kit sponsor. Hailsham’s Theo Barclay is instructed as Junior Counsel for Liverpool. This case is being more...
16 Oct 2019 10:27
Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch)Does the automatic insertion of a sender’s name and contact details in an email footer, known as a “Signature”, meet various statutory requirements that a document be signed? Hardwicke’s Commercial Dispute Resolution team considers in this case report the case of Neocleous & Anor v Rees [2019] EWHC more...
16 Oct 2019 10:26
Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch)Retail CVAs are big news these days. Amanda Eilledge takes a look in this article at the latest case on the topic – Discovery (Northampton) Ltd v Debenhams. more...
16 Oct 2019 10:06
Formation of contract and enforcement of terms: What negotiators need to knowGwendoline Davies, Head of Commercial Dispute Resolution, and James Crayton, a partner in the Commercial Contracts Team, offer practical advice arising from the recent case of Volumatic v Ideas for Life [1], which highlights the risks of doing business in the absence of a concluded contract. Why is more...
15 Oct 2019 11:43
Commercial update: Mistake in commercial contractsSeb Oram analyses the Commercial Court’s recent decision in Natixis SA v Marex Financial [2019] EWHC 2549 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. What is the scope for common mistake in commercial contracts? Can a party’s standard terms limit or exclude liability, even where there more...
26 Sep 2019 13:16
Philip Woolfe and Stefan Kuppen acted for Achilles in successful CAT claim against Network RailThe Competition Appeal Tribunal has found that Network Rail had acted unlawfully in accepting only supplier assurance provided by the Rail Safety Standard Board’s RISQS scheme for the purposes of its Sentinel and On Track Plant Operating Schemes which govern physical access to its infrastructure by more...
11 Sep 2019 16:04
We are Recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
4 Sep 2019 09:33
Test reveals some companies are still not prepared for data subject access requests – are you?A recently published test undertaken by a University of Oxford-based researcher[1] shows that, over a year since the EU General Data Protection Regulation (GDPR) came into force, some companies have yet to get to grips with responding to requests by data subjects exercising their right of access more...
2 Sep 2019 15:14
Commercial update: Access to accounting information under Share Purchase Agreements - an analysis by Seb OramSeb Oram analyses, for LexisPSL, the recent decision in Zedra Trust Company (Jersey) Ltd v. The Hut Group Ltd [2019] EWHC 2191 (Comm), in which the Commercial Court considered what rights one party to a Share Purchase Agreement has against the other, to access information about the company after more...
21 Aug 2019 10:02
Insolvency proceedings, guarantees and contractual pre-conditionsIf you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it 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...
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