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Hong Kong Asset Tracing: Letter of No Consent ≠ Freezing Order 香港资产追踪: 不同意书 ≠ 冻结令
17 April 2024A recent Court of Final Appeal decision upholds the constitutionality of the letters of no consent regime as operated by the Hong Kong Police Force. 终审法院最近的一项判决维持了香港警方实施不同意书制度的合宪性。
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HK SFC Enforcement Action - CFOs of listed companies beware 香港证监执法行动 - 上市公司首席财务官要小心
09 April 2024A recent High Court decision confirmed that directors of listed companies may be disqualified and / or ordered to personally compensate the company for the misappropriation of company funds by other officers, even in the absence of any financial gain by the director.
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Lewis Silkin strengthens Dispute Resolution practice with new partner hire
Press Release
03 April 2024Lewis Silkin has today announced that it has added commercial disputes specialist Duran Ross as a partner in the firm’s Dispute Resolution team.
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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.
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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.
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Varying a worldwide freezing order: timely collaboration and transparency is key – Lewis Silkin advises successful respondent
07 March 2024An attempt to vary a £88m worldwide freezing order to permit the sale of a significant London property was successfully resisted recently by the Claimant, represented by Lewis Silkin. We explore the issues arising in the recent High Court judgment, which confirmed the importance of timely collaboration and transparency when considering the variation of a freezing order.
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Guidance on key concepts of privilege from Court of Appeal
15 February 2024The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.
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Court backs decisions regarding cancellation of nickel trades
06 February 2024Towards the end of 2023, the Administrative Court handed down a judgment in R (on the application of Elliott Associates LP and others) v The London Metal Exchange and LME Clear Limited [2023] EWHC 2969 (Admin), rejecting a challenge to decisions made regarding the cancellation of nickel trades in a “disorderly market” in March 2022 and associated claims for damages. We consider key aspects of the decision and implications for the market.
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A guide to the litigation process in England and Wales including disclosure in the Business and Property Courts
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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A guide to the litigation process in England and Wales
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Lewis Silkin strengthens Hong Kong Dispute Resolution capability with addition of partner Kenix Yuen
Press Release
15 January 2024Lewis Silkin today announces the appointment of Kenix Yuen as a partner in the firm's dispute resolution team.
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Litigation trends
11 January 2024Our Dispute Resolution team has compiled an overview of some of the key themes we are seeing in the litigation landscape of England and Wales.
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Lewis Silkin strengthens Dispute Resolution practice with addition of partner Fraser Mitchell
Press Release
27 November 2023Lewis Silkin has today announced the appointment of Fraser Mitchell as a partner in the firm’s Dispute Resolution group.
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Neil Parkes comments for World Intellectual Property Review on the issue of copyright infringement when using AI tools
Press
26 October 2023Neil Parkes comments for World Intellectual Property Review on the recent case, Universal & Concord vs. Anthropic, an artificial intelligence firm, for the alleged use of copyrighted music lyrics to train its AI systems.
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Commercial dispute resolution: navigating the economic downturn
06 February 2023After-shocks of the COVID-19 pandemic, the war in Ukraine, sky-high inflation, “mini-budget” fiascos and the revolving door of number 10: as we settle into 2023, many of the political, humanitarian and economic events of 2022 and beyond continue to have a huge impact on businesses grappling with uncertainty and financial instability.
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Dealing with a counterparty who is facing insolvency
03 February 2023There’s been widespread coverage of the impending economic downturn. The pressures of the war in Ukraine, the consequential energy crisis, high inflation and labour shortages have combined to create forceful economic headwinds.
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How to mitigate the impact of inflation and supply chain disruptions on commercial contracts
03 February 2023These are undoubtedly difficult times for businesses. Supply chain disruptions that emerged following the pandemic have contributed to a burst of global inflation which has led to record increases in costs such as energy, wages and transportation as well as higher interest rates.
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The importance of pro-active contract management in an economic downturn
03 February 2023Efficient contract management is an essential part of running any business. This is never more important than during times of economic uncertainty when businesses need to keep a close eye on contract performance, regularly review and monitor whether contracts still meet the business’ changing requirements and remain vigilant to the key indicators of potential failings or breaches.
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Contractual ways to improve cash flow
03 February 2023It’s been a challenging couple of years for the UK economy. Businesses have had to grapple with Brexit uncertainty, the Covid-19 pandemic and the Russian invasion of Ukraine all affecting trade. These have in turn resulted in higher costs, compounded by inflationary pressures.
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Are contract amendments made in an economic downturn legally binding?
03 February 2023Performing obligations in commercial contracts in the current downturn is a serious challenge for some businesses. Sometimes that challenge will be so great that it is the catalyst for a breakdown of a business relationship. But where there is a common desire to get through these tough times, the focus may be on how contractual terms might be varied to ensure that both parties are able to survive.