Insights & News
Search for Insights & News
- 67 results found
- All (74)
- Others (67)
- Inbriefs (6)
- Press (1)
-
Auditors may owe duty to buyer of shares despite disclaimer
21 March 2024The High Court found that there would be a real prospect at trial of the buyers of shares of a company succeeding with a claim that auditors would be liable to them for failures when preparing the company’s accounts, despite a contractual disclaimer.
-
Unfair prejudice petitions - statutory limitation periods do apply
21 March 2024The Court of Appeal ("COA") has recently confirmed that statutory limitation periods under the Limitation Act 1980 ("LA 1980") do in fact apply to unfair prejudice petitions under the Companies Act 2006 ("CA 2006"), despite it having been understood for over 40 years that they did not.
-
Climate change action against directors dismissed
07 June 2022In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.
-
Directors’ duties and climate change litigation: if not now, when?
17 November 2021For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
-
“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
-
SPA warranty claims – case update
01 September 2021In our article “SPA warranty claims - getting the notice right” we set out the common notice requirements that need to be complied with when making a warranty claim under an SPA, and the importance of complying with those requirements.
-
Notification Issues for Warranty Claims - A flowchart
17 June 2021We have produced a flowchart to identify some of the common steps (and pitfalls) to be considered by those seeking to notify a warranty claim under typical SPA provisions.
-
SPA warranty claims - getting the notice right
17 June 2021Today’s challenging economic climate has reduced the value of many businesses.
-
Did Dilyn the dog eat the writ?
14 May 2021 -
New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
-
Dispute Resolution Update - October 2020
16 October 2020Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
-
Covert recordings – does use in court justify the risk?
13 October 2020With the ubiquity of smartphones, most people have the ability secretly to record a conversation or meeting, but in the context of proceedings before the court in England, key questions are: will the court allow covert recordings to be used as evidence? And will the maker of the recording risk liability to claims from the people recorded?
-
Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
-
Important new case on disclosure, but has anyone noticed?
28 April 2020Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.
-
I didn’t sign up for this! Can parties escape obligations when the deal changes?
27 April 2020It is estimated that 20% of the world’s population is living under some form of lockdown as various governments roundly seek to combat the spread of Covid-19. The impact has seen businesses forced to adapt to a reality that they would never have envisaged. Measures in the UK have left a variety of sectors reeling as shops have shut, operations have been restricted and events have been cancelled.
-
Legal Professional Privilege Update
21 April 2020This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
-
Dispute Resolution Update - March 2020
12 March 2020Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
-
Dispute Resolution Update - January 2020
16 January 2020Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
-
Witness statements in the Business & Property Courts: no radical change, but room for improvement
07 January 2020After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.
-
Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful
21 November 2019The judgment in Sternberg Reed Solicitors v Andrew Paul Harrison [2019] EWHC 2065 (Ch) has put practitioners on notice that mislabelling without prejudice correspondence may have serious implications.