109 results
Court of Appeal considers whether a limitation period continues to run against a claimant when a company has been struck off the register
Philip Gillyon of Erskine Chambers comments on the Court of Appeal’s consideration of the directions the court may make when restoring a company to the register of companies In Pickering v Davy [2017] EWCA Civ 30, the Court of Appeal considered directions made in favour of a third party preventing a more...
New ground broken with “Soft Touch” provisional liquidations in the BVI
The options open to Companies seeking to restructure their debts while continuing as a going concern depend upon the jurisdiction in which they operate and their place of incorporation. Some jurisdictions provide for debtor in possession, or administration procedures designed expressly to address more...
BTI V Sequana: Court Of Appeal decision - including an important ruling on the circumstances in which the Director's duty to consider creditors' interests under
On 6 February 2019 the Court of Appeal handed down judgment on several appeals from decisions of Rose J [2016] EWHC 1686 (Ch) and [2017] EWHC 211 (Ch). Those appeals, [2019] EWCA Civ 112, covered only two of the claims before Rose J: a claim by BAT (as a creditor of the company) against Sequana more...
21 Feb 2019 10:30
Bezos and conflicts…Blackmail, extramarital affairs, compromising photos, national newspapers, billionaires, private investigators… Conflicts of interest? No, this isn’t the latest drama from the Beeb. Instead, say hello to the current world of multi-billionaire Amazon founder Jeff Bezos. The Amazon founder is having more...
19 Feb 2019 14:22
Martin Moore QC of Erskine Chambers considers court’s approach to ‘prospective guidance’ in the context of Lloyd’s proposed insurance business transfer schemeDifficult and novel issues have recently been a feature of a number of applications to the court in connection with business transfer schemes under Part VII FSMA 2000. In some cases, these issues have necessitated an early approach to the court for guidance. While the court will strive to assist if more...
14 Feb 2019 11:40
Sparqa Legal’s Top 3 Valentine’s Day Rom ComsIt’s Valentine’s Day, so get ready for the film top 10s — most romantic kisses? Best soundtracks? Sassiest sidekicks? Well, at Sparqa Legal we like to keep things clear and legal. So, instead, we’ve compiled a countdown of our top 3 Rom Coms for you, and their legal implications. Just because you’re more...
8 Feb 2019 12:14
3PB barrister Nicholas Leviseur in corporate governance case law: membership groups, terminating membership and an implied termJudgment was given last week in Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) by Mr Justice Popplewell. The case concerned a company limited by guarantee and, in the context of a decision to terminate a member's membership, an argument based on the existence of an more...
6 Feb 2019 15:27
Matthew Slater in Court of Appeal case on brokers' fiduciary dutiesMatthew Slater acted for investment bank Canaccord Genuity in the Court of Appeal case Medsted Associates Limited v Canaccord Genuity Wealth (International) [2019] EWCA Civ 83, an important decision on brokers’ fiduciary duties, with CityWire calling the trial judgment “historic”. Matthew’s practice more...
4 Feb 2019 16:57
Judgments in Brief: December 2018 and January 2019FromCounsel's Current Awareness team have published Judgments in Brief: December 2018 and January 2019 – an overview of the judgments covered in December 2018 and January 2019. more...
25 Jan 2019 16:28
Dov Katz joins Greenwoods GRM LLPGreenwoods GRM is pleased to welcome Dov Katz, Partner in the Corporate & Commercial team. Dov joined Greenwoods GRM towards the end of 2018 and specialises in corporate finance with particular expertise in AIM flotations and acting for owner-managed businesses in all aspects of their lifecycle. more...
24 Jan 2019 10:32
International Corporate RescueRe SHB Realisation Ltd (formerly BHS Ltd); Wright and another (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd)) v Prudential Assurance Companies Ltd [2018] EWHC 402 (Ch); [2018] All ER (D) 58 (Mar) Synopsis With high street insolvencies on the rise, CVAs have grown in popularity as a more...
21 Jan 2019 11:07
Cost Consequences of Accepting a Part 36 Offer late
in former RTA and EL/PL Protocol Claims – Hislop
v Perde [2018] EWCA Civ 1726I. INTRODUCTION 1. In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA more...
18 Jan 2019 08:46
Michael Todd QC of Erskine Chambers considers recent cases on privilege following the Court of Appeal’s decision in WH Holding Limited v E20 Stadium LLPLondon buses are known more for their irregularity than their regularity. A complete absence of them is often followed by a number of them in close succession; so too with cases on legal professional privilege. The most important case, in recent years, concerning the scope of legal professional more...
9 Jan 2019 16:05
Are your website terms and conditions shipshape?Having been awarded a £13.8m contract to run freight services following a possible no-deal Brexit, Seaborne Freight was left red-faced after its website terms and conditions appeared to have been copied from a takeaway restaurant. Using Sparqa Legal’s expertly-drafted set of legal documents and more...
7 Jan 2019 11:49
James Potts QC of Erskine Chambers considers a High Court decision on whether an entire agreement clause precludes a claim in misrepresentationIn Al-Hasawi v Nottingham Forest Football Club Ltd [2018] EWHC 2884 (Ch) the High Court considered whether an entire agreement clause in a share purchase agreement precluded the buyer from bringing a claim under the Misrepresentation Act 1967. HHJ Cooke reversed the summary judgment decision of more...
HIGH COURT CONSIDERS DUTY TO DISQUALIFY UNFIT DIRECTORS OF INSOLVENT COMPANIES
Although the judgment in The Secretary of State for Business, Innovation and Skills v Akbar & Ors [2017] EWHC 2856 is concerned with a fairly routine analysis of whether the conduct of various directors was such as to make them unfit to be concerned in the management of a company under s 6 CDDA more...
4 Jan 2019 10:18
What's Happened: December 2018FromCounsel: What’s Happened December 2018 – an overview of the key events and developments for corporate lawyers that took place during December 2018. more...
3 Jan 2019 09:23
FromCounsel adds more new contentFromCounsel is delighted to announce the expansion of its content with the addition of the following: Takeover Code: Definitions - 'Control' and 'Voting rights' Rule 2 preliminary issues - enhanced content on Rule 2.11 Takeover Code(distribution of announcements to shareholders and other more...
21 Dec 2018 09:56
FromCounsel adds more new contentFromCounsel is very pleased to announce the latest expansion of its Precedents and Related Resources to support our public companies Q&A: Timeline: Operation of PUSU deadlines Timeline: Takeover of Sky plc Record of delay and selective disclosure of inside information FC Commentary: FCA review of more...
20 Dec 2018 10:35
Sparqa Legal’s Top Four Christmas MoviesSparqa Legal can help your business deal with legal problems before they even arise, and allows you to respond effectively when problems do occur. Getting in the Christmas spirit, we have demonstrated below how we would help some of the characters from our favourite Christmas movies. 1. Elf A more...
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