180 results
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...
19 Sep 2019 09:18
What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?Gwendoline Davies, Head of Commercial Dispute Resolution at Walker Morris explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution. What are endeavours obligations? Many commercial contracts contain 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...
11 Sep 2019 11:25
QC at No5 prosecutes in money laundering trialA Queen’s Counsel at No5 Barristers’ Chambers is leading the prosecution in an £11m money laundering trial. Michelle Heeley QC is prosecuting at Leicester Crown Court where five people face accusations of running a professional money laundering operation. On trial are Chauhan Yogendrasinh, 55, 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...
4 Sep 2019 09:30
What should banks do if they suspect that customers’ accounts contain proceeds of crime?Why is this case of interest? Money laundering and fraud are key risks facing the industry today. Andrew Beck highlights the recent Commercial Court case of N v The Royal Bank of Scotland Plc[1], which has practical implications for institutions which suspect that customers’ accounts may contain the 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...
2 Sep 2019 15:01
“A contract means what it says”: Sir Robert Akenhead and David Johnson for Building MagazineSir Robert Akenhead, with assistance from David Johnson, explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs. Originally published in Building on 22 August 2019 While lawyers might be tempted to groan every time another authority 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...
14 Aug 2019 10:47
Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation LtdIn this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake. Background The Claimant-Respondent (“the Parent”) 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...
27 Jun 2019 08:52
FCA to proceed with proposals to remedy perceived customer harms in the Buy Now Pay Later sectorNew rules in force from 12 September and 12 November 2019 BNPL proposals In December 2018, the FCA consulted on a package of remedies relating to Buy Now Pay Later (BNPL) products with an aim to encourage more customers to repay, in full and in part, during the BNPL offer period. The remedies that more...
28 May 2019 10:17
Commercial Update: Lawful economic duress and reasonableness – an analysis by Christopher EdwardsCommercial barrister Christopher Edwards analyses the Court of Appeal decision in Times Travel (UK) v Pakistan International Airlines Corporation and its impact on the criteria of lawful economic duress and reasonableness in commercial contracts. Click here to read Christopher's analysis. Click more...
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