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
The location of the data is not sufficient to avoid a disclosure order.
When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...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 confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets.
Background -
The...more
Two recent English cases illustrate the court’s receptiveness to disclosure orders in relation to informal communications on personal devices.
In two recent decisions, the English Court has demonstrated a pragmatic and...more
Litigants should take particular care when drafting witness statements to avoid waiving privilege.
In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more
A recent Privy Council decision examines the extent to which formal shareholder resolutions may be bypassed by relying on the Duomatic principle.
The ability for shareholders to pass resolutions - or assent to a course of...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
Ruling provides helpful reminder to directors, companies, and creditors that Section 423 of the Insolvency Act 1986 applies even outside of insolvency.
Background -
The UK Court of Appeal has upheld a decision that a...more
Litigation funding, the third-party financing of legal costs in disputes, is increasingly common in the UK. As litigants have become comfortable with sophisticated litigation funders, these funders are responding to business...more
The decision clarifies how lawyer-client privilege applies in the context of transactions.
The recent English High Court decision Raiffeisen Bank International AG v Asia Coal Energy Ventures Limited and Ashurst provides...more
The English Court has set aside permission to bring proceedings against foreign defendants based on non-disclosures and subsequent conduct.
The recent decision in Punjab National Bank (International) Limited v Ravi...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
Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue.
Section 423 gives the English court the power to set aside a transaction (most...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
New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes.
The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz to determine whether a...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 English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...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
Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred...more