The Court of Appeal ruled that losing proprietary rights under foreign law could invalidate personal claims against third party recipients of trust assets.
On 27 January 2022, the UK Court of Appeal unanimously dismissed...more
Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach.
Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more
The ruling serves as a helpful reminder that parties must enter into well-drafted contracts in proper legal form.
In Philip Barton v. Timothy Gwyn-Jones & Others [2019] EWCA Civ 1999, the Court of Appeal recently allowed a...more
Ruling provides guidance on how close to insolvency a company needs to be before directors must consider creditors’ interests.
The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts,...more
4/3/2019
/ Appeals ,
Board of Directors ,
Breach of Duty ,
Creditors ,
Dividends ,
Parent Corporation ,
Shareholders ,
Subsidiaries ,
UK ,
UK Companies Acts ,
UK Insolvency Act
The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests.
On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will...more
Litigation privilege and the circumstances in which courts will inspect documents over which privilege has been claimed.
In a significant decision, the English Court of Appeal has restricted the scope of litigation...more
English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation -
In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more
The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials.
The English Court of Appeal (Criminal Division) has ruled that...more
The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials.
Introduction -
A recent English High Court decision has important...more
The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more
Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches
Overview -
The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case...more