132 results
Directors’ duties – To what extent is a person who has resigned as a director still subject to a duty to avoid conflicts of interest with his former company?
In Burnell v Trans-Tag Ltd [2021] EWHC 1457 (Ch), the High Court considered the scope of a director’s duty to avoid conflicts of interest under s 175 CA 2006 as it continues to apply to a former director by virtue of s 170(2) CA 2006. The issue arose in a counterclaim that was brought as part of a more...
Public Interest Winding Up – Is ‘lack of transparency’ a sufficient basis for the Secretary of State to seek to wind up a company?
In The Secretary of State for Business, Energy and Industrial Strategy v Celtic Consultancy & Enterprises Ltd [2021] EWHC 1240 (Ch), the High Court considered petitions seeking the winding up of three companies under s 124A Insolvency Act 1986. The court had to decide whether a company's alleged more...
Valuation of shareholdings in limited companies and other business interests
You can access videos of the recent seminars I delivered with Roger Isaacs on the "Valuation of shareholdings in private companies and other business interests: Part 2" here or at: http://commercialchambers.org/video/view/7 more...
Valuation of shareholdings in private companies and other business interests Part 1
You can access videos of the recent seminars I delivered with Roger Isaacs on the "Valuation of shareholdings in private companies and other business interests: Part 1" here or at http://commercialchambers.org/video/view/8 more...
7 Jul 2021 11:06
We are RecruitingIf you are a member of the Bar or a 3rd six pupil, seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range more...
11 May 2021 11:12
**We are Recruiting**If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range of areas of civil and more...
Commercial Agents
The video of the second of Andrew Marsden's recent seminars on commercial agency #commercialagent #commercialagency #commercialagent Regulations is available here: http://commercialchambers.org/video/view/6 more...
Commercial Agents
The video of the first of Andrew Marsden's seminars on Commercial Agency is now available here: http://commercialchambers.org/video/view/5 more...
8 Apr 2021 13:21
Does the rule against reflective loss apply to former shareholders? A review of Nectrus Ltd v UCP PLCIn Nectrus Ltd v UCP PLC [2021] EWCA Civ 57, the Court of Appeal considered an application to reopen a final appeal permission to appeal under CPR Part 52.30. The case considers both: (i) whether the rule against reflective loss, as considered by the USKC in Marex v Sevilleja [2020] UKSC 31 more...
Putting a price on the “Crown Jewels”: Valuation of shareholdings in unquoted companies and other business interests
The accompanying note to Andrew Marsden's and Roger Isaacs' recent seminars on "Putting a price on the Crown Jewels: Valuation of shareholdings in unquoted companies and other business interests is available here more...
IsZo Capital v Nam Tai; $170m allotment of shares set aside for improper purpose
IsZo Capital LP v Nam Tai Property Inc BVIHC (COM) 2020/0165 An Erskine Chambers team, comprising Martin Moore QC, Edward Davies QC and Ben Griffiths, together with Ogier counsel, Nick Burkill, succeeded in obtaining orders setting aside a $170 million allotment of shares in Nam Tai Property Inc. more...
Commercial Agents: Case and Statute Citator 2021
Andrew Marsden has published the latest edition of his Case and Statute Citator regarding Commercial Agents. Please feel free to download a copy here: http://commercialchambers.org/uploads/pdfs/CommercialAgents2020.pdf more...
Shareholder Protection From Unfairly Prejudicial Conduct: Case and Statute Citator 2021
Andrew Marsden has published the latest edition of his Case and Statute Citator regarding Shareholder Protection from Unfairly Prejudicial Conduct. Please feel free to download a copy here: http://commercialchambers.org/uploads/pdfs/ShareholderProtection2020.pdf more...
The liability of a litigation friend for costs: Glover v Barker in the Court of Appeal
On 21 August 2020 the Court of Appeal handed down judgment in Glover v Barker [2020] EWCA Civ 1112, overturning the decision of Morgan J. in Barker v Confiànce Ltd [2019] EWHC 1401 (Ch) and giving comprehensive guidance as to the circumstances in which a defendant’s litigation friend might be liable more...
Shareholder Protection From Unfair Prejudice
Shareholder Protection from Unfairly Prejudicial Conduct Andrew Marsden’s recent series of seminars is available to view free at: http://commercialchambers.org/video And the latest edition of the accompanying “Case and Statute Citator” is available at: http://commercialchambers.org/publications Tel: more...
Solicitors’ Guideline Hourly Rates to go up?
The Civil Justice Council is undertaking a review of the Solicitors’ Guideline Hourly Rates. Given that they have been unchanged since 2010, this presumably can only result in an increase in hourly rates for solicitors whose costs are being summarily assessed. A sub-committee has been set up to more...
QWOCS does not trump set off – for now
Qualified one-way costs shifting (QWOCS) gives a personal injury claimant protection from paying the defendant’s costs to the extent that those costs exceed any damages and interest awarded. But what if a costs order has been made during the proceedings in favour of the defendant. Can the defendant more...
Edward Davies QC considers the decision to put Lord Grade's media investment company into administration
In Re Gate Ventures plc [2020] EWHC 709 (Ch) the court considered a creditor’s application for an administration order over Gate Ventures plc (Gate Ventures). Gate Ventures is a media investment company. It was established with the backing of a number of figures who are well known in the British more...
A Guide to Directors Disqualification Proceedings in England and Wales
Company Directors are at risk of being disqualified under the Company Directors Disqualification Act 1986 from holding office following investigations which may take place if their company becomes insolvent or there is other alleged wrongdoing. This short guide is intended to help company directors more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
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