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Company Disputes

Conducting business thorough private companies is a complex and challenging enterprise and one which is increasingly subject to scrutiny by regulators and Parliamentary Committees.

The effective and efficient investigation, identification and resolution of disputes which could be detrimental to wellbeing of the company, the people it employs and with whom it trades is a part of conducting business in a competitive and fast moving commercial world.

Our team of talented dispute resolution solicitors has a wealth of experience in advising boards of directors, groups of shareholders and individuals on the whole range of disputes and disagreements that arise in the corporate world and our expertise spans compromise through mediation to resolution by litigation and arbitration, providing exceptional  levels of advice and service in a range of disputes including:

  • commercial fraud
  • corporate governance
  • deadlocked boards 
  • director disputes
  • directors duties and liabilities
  • internal investigations
  • removal of directors
  • shareholder disputes
  • shareholder agreements

 

 

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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate

04 June 2019

In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.

The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?

28 May 2019

The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.

Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle

21 May 2019

The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.

Court of Appeal allows inspection of documents despite the risk of foreign prosecution

07 May 2019

The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.

Contract law update: Recent developments and practical tips

03 May 2019

On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.

Contract law update: Recent developments and practical tips

02 May 2019

We would like to invite you to our next seminar where we will be discussing recent developments in contract law.

Dispute Resolution Update - April 2019

24 April 2019

Welcome to our April 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

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