116 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...
29 Jun 2021 11:22
When Should You Choose A Settlement?Legal disputes have many stages before they reach a judge to deliver a verdict, for both civil and criminal cases. Continue reading here https://www.hillhousechambers.co.uk/post/when-should-you-choose-a-settlement more...
26 May 2021 09:35
Manus McMullan QC, Christopher Lewis QC and Peter Land help to secure US$272m for the Panama Canal AuthorityThe International Chamber of Commerce has issued interim and final awards in favour of the Panama Canal Authority (ACP) in another of the disputes arising from the Third Set of Locks Project – one of the largest engineering projects in the world at the time. The awards concerned a number of elements 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...
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...
International Arbitration: Legal professional privilege or professional secrecy.
The idea of Legal Professional Privilege (LPP) is one of the core concepts of the different legal systems worldwide. It has a different connotation in common law jurisdictions (legal professional privilege) and civil law jurisdictions (professional secrecy). The concept of Attorney-Client (United more...
Minority shareholders – the meaning of 'fair value' in light of Shanda Games, a Privy Council decision on 'fair value' in Cayman Islands law on mergers
In Shanda Games Ltd v Maso Capital Investments Ltd (Cayman Islands) [2020] UKPC 2, the Privy Council upheld the Cayman Islands Court of Appeal (CICA) decision that, in a statutory merger under Cayman Islands law, the 'fair value' of the shares of the dissenting minority shareholders should be more...
8 Jun 2020 14:32
Re: A Company (Injunction to restrain presentation of petition) [2020] EWHC 1406 (Ch) and the Corporate Insolvency and Governance BillBy Jodie Wildridge Despite not yet being in force, the Corporate Insolvency and Governance Bill (CIGB) is already causing a stir. The ex-parte hearing in Re: A Company (Injunction to restrain presentation of petition) [2020] EWHC 1406 (Ch), took place, in private, on 1 June 2020 before Mr Justice 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...
19 Feb 2020 16:29
The ostensible authority of receivers, applying the Privy Council decision in PT Satria v East Asia Company LtdMichael Todd QC and Philip Gillyon of Erskine Chambers consider the High Court’s decision in Business Mortgage Finance 6 Plc v Roundstone Technologies Ltd In Business Mortgage Finance 6 Plc v Roundstone Technologies Ltd [2019] EWHC 2917 (Ch), the High Court considered whether a receiver who had not more...
23 Jan 2020 14:38
Inmarsat: Court considers the proper scope of objections to schemes of arrangement and the sufficiency of disclosure in explanatory statementsMichael Todd QC and Andrew Thornton of Erskine Chambers consider issues arising out of the High Court’s sanction of the Inmarsat scheme. In Re Inmarsat plc [2019] EWHC 3470 (Ch), the court sanctioned an unexceptional scheme of arrangement between Inmarsat plc (Inmarsat) and its members. What makes more...
16 Jan 2020 10:57
ANDREW THORNTON APPOINTED QUEEN'S COUNSEL AND FEATURED IN THE LAWYER HOT 100 2020Erskine Chambers is delighted to announce that Andrew Thornton has been appointed Queen’s Counsel. He will be sworn in on Monday 16 March 2020. Andrew is also featured in The Lawyer Hot 100 2020. more...
20 Dec 2019 14:03
Misuse of fiduciary powers: the right to pursue a personal claimMichael Todd QC and Nigel Dougherty of Erskine Chambers consider rights of action of minority shareholders in light of the decision of the Grand Court of the Cayman Islands in China Biologic. In Gao v China Biologic Products Holdings, Inc (Cause No FSD 157 of 2018 (IKJ)), the Grand Court of the more...
Company Directors: Legal Duties
Between July and September 2019 a total of 169,751 new incorporations were registered at Companies House, each with at least one director. It is possible to be registered as a Company Director with a few clicks on the Companies House website, and yet many individual directors do not appreciate the more...
1 Nov 2019 09:44
Dismissal of public-interest winding-up petitions in Secretary of State v PAG Asset Preservation Ltd [2019] EWHC 2890 (Ch)On 30 October HHJ Stephen Davies handed down his judgment in The Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2019] EWHC 2890 (Ch). The Secretary of State for Business, Energy and Industrial Strategy had presented petitions under s.124A of the more...
31 Oct 2019 10:00
Contracts: High Court considers whether contractual termination survives restoration to the registerIn Bridgehouse (Bradford No.2) v BAE Systems plc [2019] EWHC 17668 (Comm), the High Court considered whether notice of contractual termination triggered by a company being struck off the Register of Companies was effective notwithstanding the subsequent restoration of the company to the register. more...
15 Oct 2019 13:57
"Ostensible or apparent authority and the indoor management principle" following East Asia Company Ltd v PT SatriaDirectors’ authority - Michael Todd QC and Philip Gillyon of Erskine Chambers consider limits to directors’ ostensible or apparent authority following the Privy Council decision in East Asia Company Ltd v PT Satria Tirtatama Energindo. The protection afforded by the law to innocent third parties is more...
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