Exclusions and Limitations of Liability – Article by Dov Ohrenstein

These seminar notes by Dov Ohrenstein, address the case law and statutory controls concerning exclusion and limitation of liability clauses and gives guidance as to how they can be drafted effectively. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
Expanding The Horizons of Fairness – Article by Malcolm Waters KC, Elizabeth Ovey and Mark Fell

This briefing note first considers: the further general guidance on unfair terms issued by the FSA in January 2012 and its implications; and the specific guidance issued by the FSA at the same time on switching terms (that is to say, terms which permit mortgagees to convert an interest-only mortgage into a repayment mortgage). It […]
The Right Of Return: A New Sort of Money Back Guarantee For Banks? – Article by Elizabeth Ovey

This article, by Elizabeth Ovey, first appeared in the April 2012 issue of Butterworths Journal of International Banking and Financial Law and considers direct debit schemes in Europe and the recent decision of the Netherlands Supreme Court relating to a Dutch direct debit scheme. Please click here to download this article. Please click here to view Elizabeth […]
Through The Looking Glass – Article by Dov Ohrenstein

This article by Dov Ohrenstein appeared in the Commercial Litigation Journal. It considers the prohibition on the recovery of reflective losses under the rule in Foss v Harbottle and the circumstances in which shareholders may bring derivative claims under the Companies Act 2006 ss 260-264. Please click here to download this article. Please click here to […]
Reflective Loss and Derivative Claims – Article by Dov Ohrenstein

These seminar notes by Dov Ohrenstein address: The problem of Reflective Losses; Exceptions to the Rule in Foss v Harbottle with reference to the recent decisions; The types of derivative claims that can now be brought but could not be brought prior to the 2006 Act; Derivative claims against persons other than directors; The requirements […]
Minority Shareholders and Unfair Prejudice – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein, consider the law relating to unfair prejudice to shareholders and, in particular, petitions under s 994 of the Companies Act 2006. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
Loans and Payment Protection Insurance: An Optional Policy Win for The Black Horse – Article by Elizabeth Ovey

This article, by Elizabeth Ovey, first appeared in February 2011’s issue of Butterworths Journal of International Banking and Financial Law. Please click here to download this article. Please click here to view Elizabeth Ovey’s profile.
The Veil Lifted – Article by Dov Ohrenstein

This article by Dov Ohrenstein appeared in the Commercial Litigation Journal. It addresses issues concerning Directors’ liabilities and when the corporate veil can be lifted. Please click here to download this article. Please click here to view Dov Ohrenstein’s profile.
Undue Influence and Duress – Article by Dov Ohrenstein

These seminar notes by Dov Ohrenstein explore the principles and recent case law concerning undue influence and duress including economic duress. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
Companies Act in Context – Article by Dov Ohrenstein

These seminar notes by Dov Ohrenstein, consider the implementation timetable and reviews the major changes introduced by the Companies Act 2006. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.