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Shareholders Shareholders' Agreements United Kingdom

A&O Shearman

Clause for celebration: the effectiveness of entire agreement provisions

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Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more

White & Case LLP

2024 Half-year in review – M&A legal and market developments

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We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

Cooley LLP

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

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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

Cooley LLP

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

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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

White & Case LLP

How long is too long? Construing non-compete restrictions in shareholders’ agreements

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Non-compete restrictions for key stakeholders are common in shareholders' agreements. In Guest Services Worldwide v Shelmerdine, the Court of Appeal upheld a 12-month post-departure restriction, rejecting arguments that...more

A&O Shearman

Unnamed principal can sue under arbitration agreement for foreign law remedy

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An unnamed disclosed principal of a party to a shareholders’ agreement (SHA) could sue under an arbitration agreement; the tribunal could also order a buy-out of shares of a foreign company, despite the remedy not being...more

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