Latest Publications

Share:

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Adler Restructuring Plan Set Aside: Reflections on the English Court of Appeal’s Landmark Ruling

In one of the most highly anticipated judgments in the European restructuring market in recent years, on 23 January 2024, the English Court of Appeal overturned the High Court’s decision sanctioning the Adler restructuring...more

Priorities in the Twilight Zone—UK Supreme Court Considers the Point at Which Directors Must Consider the Interests of Creditors...

The UK Supreme Court has, for the first time, considered the existence, content and engagement of an obligation on directors to take into account the interests of creditors when a company becomes, or is on the cusp of...more

Restructuring Plans and Chapter 11: A Transatlantic Perspective

When the Corporate Insolvency and Governance Act 2020 (CIGA) introduced the restructuring plan in England, comparisons with plans of reorganization under chapter 11 of the United States Bankruptcy Code (U.S. Bankruptcy Code)...more

Lloyd v Google UK Supreme Court Class Action Judgment — End of the Road for Some, Open Door for Others

On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

[Podcast] ESG Litigation in the UK and EU: What You Need to Know

In this episode, Akin Gump litigation partner Richard Hornshaw and counsel Aimee Smart look at the litigation aspects of environmental, social and governance, or ESG, issues in the U.K. and EU....more

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more

Mortgagees, Receivers and Security Agents: Excluding Liability on an Enforcement Sale

In this alert, we consider a recent decision of the English High Court concerning the extent to which the equitable duty applicable to lenders, security agents and receivers in the context of an enforcement sale may be...more

9/10/2020  /  Default , Mortgage Lenders , Mortgagee , Mortgages , UK

English Court of Appeal Clarifies the Scope of Legal Advice Privilege

It is well established that the “dominant purpose” test applies in the context of litigation privilege. However, until now, it has been unclear whether the test also applies to legal advice privilege (LAP). Further, there are...more

Corporate Bribery: Successful Prosecutions in the United Kingdom

In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more

Corporate Bribery: Successful Prosecutions in the United Kingdom

In a busy week for the Serious Fraud Office (SFO), the United Kingdom’s antibribery prosecutor, it has announced its first-ever deferred prosecution agreement (DPA) for bribery offences and the first guilty plea under the...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide