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Measure of Damages for Breach of Warranty

Oversea-Chinese Banking Corporation Ltd v ING Bank NV [2019] EWHC 676 (Comm) saw a creative argument put forward in the High Court regarding the measure of damages for breach of warranty in a share purchase agreement, but the...more

Companies: Beware of Relying on Precontractual Negotiations

The recent decision in Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526, considered the extent to which precontractual material, such as precontractual negotiations or a proposal, may be...more

Breach of Fiduciary Duties by a Dissenting Director

The 15 February 2019 judgment in the case of Stobart Group Limited v William Andrew Tinkler [2019] EWHC 258 (Comm) raises “some elementary principles of corporate governance” and notably, some interesting themes regarding the...more

A Dividend Payment Can Constitute a Transaction Defrauding Creditors

Introduction - In light of the decisions made in the case of BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112 (the Sequana case), consideration may need to be given to the interests of creditors when declaring a dividend....more

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