86 results
19 Mar 2018 11:55
A birds-eye view of AIFC court practice and procedureDevelopments in Kazakhstan: In the latest in a series of articles on legal developments in Kazakhstan for Practical Law, Paul Fisher of 4 New Square provides a birds-eye view of practice and procedure in the new AIFC Court. Click here to read more. more...
19 Mar 2018 11:24
Moonlighting: the latest word on vicarious liabilityThe run of recent appellate decisions on vicarious liability continues in the case of Frederick and others v Positive Solutions (Financial Services) Limited [2018] EWCA Civ 431. On this occasion, the Court of Appeal has decided that a financial adviser was not vicariously liable for fraudulent more...
No Defence For a Late Defence
A decision which appears to have gone under the radar at the Chancery Division recently is that of Ian Billington v Davies [2016] EWHC 1919 (CH). This could be because it is a decision of a Deputy Master, though is still technically binding on a Judge sitting in the County Court. The brief facts of more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
A return to orthodoxy in matters of contractual interpretation
Summary In its decision in Arnold v Britton [2016] AC 1619 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts. The parties have the greatest control over the words that they have used in their contract and those words should not be more...
Relief from liability under s1157 Companies Act 2006 -
Cullen Investments v Brown
The recent case of Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) serves as a reminder of the rigorous approach that the court adopts when dealing with directors who have breached their duty to avoid conflicts of interests. The director in question (D2) had been found liable at an earlier more...
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