The availability of the unfair prejudice remedy for activist shareholders of public companies – Article by Martin Ouwehand
Martin Ouwehand reviews the decision in Kingboard, a key judgment for those concerned with the rise of shareholder activism in relation to publicly listed companies both in the UK and elsewhere. To read the full article please click here. This article was first published in Butterworths Journal of International Banking and Financial Law.
Charities (Protection and Social Investment) Act 2016 – Article by Francesca Quint
Francesca Quint provides an overview of the Charities (Protection and Social Investment) Act 2016 “A number of amendments to the Charities Acts 1992 and 2011 were made by the Charities (Protection and Social Investment) Act 2016, which received Royal Assent on 16 March. The amendments can be grouped as follows: (i) additional powers for the […]
“Good forum shopping”: the scheme jurisdiction and Re Codere Finance (UK) Ltd
Martin Ouwehand explores the issues in Re Codere Finance (UK) Ltd for Lexis Nexis Restructuring and Insolvency. The full article is available here.
Implied terms – Article by Dov Ohrenstein
Dov Ohrenstein investigates a recent Supreme Court case on implied terms, Marks & Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2015] UKSC 72, for The Commercial Litigation Journal. You can read the full article here.
“Auto-enrolment—guidance on when travelling workers are considered based in Great Britain” – Interview with Henry Day
The following interview given by Henry Day to LexisPSL Pensions examines the recent case of R (on the application of Fleet Maritime Services (Bermuda) Ltd) v Pensions Regulator [2015] EWHC 3744 (Admin) and the territorial scope of the Pensions Act 2008. Click here to read the full interview.
Thevarajah v Riordan [2015] UKSC 78: No relief from the Supreme Court – Article by Dov Ohrenstein
Dov Ohrenstein considers the significance the Supreme Court’s decision in Thevarajah v Riordan [2015] UKSC 78 which addressed the question of whether belated compliance with an unless order could amount to a material change in circumstances for the purposes of setting aside a refusal to grant relief from sanction. Click here to read the full […]
“Re BCA Pension Plan [2015] EWHC 3492 (Ch): Setting things straight on rectification proceedings” – Interview with Henry Day
Henry Day has been interviewed by LexisPSL Pensions on the decision in Re BCA Pension Plan [2015] EWHC 3492 (Ch). Click here to see the full interview.
Charities (Protection and Social Investment) Bill – Article by Francesca Quint
Francesca Quint has provided a commentary on this Bill and its key clauses. “This Bill, which had its Second Reading in the House of Commons on 3 December, has attracted considerable comment on behalf of both the Charity Commission and the representatives of charities. It is divided in two contrasting parts….” Please click here to […]
Marks & Spencers: Refunds and implied terms – Article by Dov Ohrenstein
Dov Ohrenstein analyses last week’s decision of the Supreme Court in Marks & Spencers v BNP Paribas [2015] UKSC 72, which should be of interest to anyone considering the question of how and when a court will imply terms into contracts. Please click here to read the full article.
Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71: A sticky problem for directors? – Article by Dov Ohrenstein
The Supreme Court this week handed down judgment in Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71 concerning directors’ powers under sections 793-797 of the Companies Act 2006 which provide that a company can issue a disclosure notice calling for information about persons interested in its shares and can restrict the […]
