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(Truthful) Recollections May Vary: How English Courts Judge Truth From Memory

The judgment in Jaffé & Another v. Greybull Capital LLP & Others gives an excellent insight into how the English courts are grappling with issues arising from the fallibility of memory....more

Part 36 Offer Containing Term Court Could Not Have Ordered Deemed Valid

In Robert Colicci & Others v. Nora Grinberg & Another, the High Court of England and Wales confirmed that a Part 36 offer containing a term that the court would not have been able to order (in this case, a payment to the...more

Reflective Loss Principle: Sufficiently Settled for Summary Determination

In its judgment in Burnford & Others v Automobile Association Developments Ltd, the Court of Appeal has provided a useful summary of the current status of the ‘reflective loss’ principle – the rule that shareholders cannot...more

12/8/2022  /  Appeals , EBITDA , Shareholders , UK

Court of Appeal Guidance on Good Faith Obligations in Shareholders’ Agreements

Introduction - In its judgment in Re Compound Photonic Group Ltd, the Court of Appeal has given helpful guidance on the scope of good faith obligations in a shareholders’ agreement....more

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