In Good Faith? What are the implications for Commercial Contracts? – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein consider the impact of recent cases on how the Courts approach the questions of when to imply obligations of good faith and what such obligations mean. The article can be accessed here.
CPR Part 36 Offers – Article by Dov Ohrenstein
This article by Dov Ohrenstein addresses some of the practical issues that litigators regularly face when contemplating making or accepting CPR Part 36 offers and when arguing about the effect of such offers. A copy can be downloaded here.
How to run a wrongful trading case – Article by Christopher Boardman
Christopher Boardman discusses the judgment in Ralls Builders Ltd (No 2) with Lexis PSL and explains how this case is an example of the problems and difficult decisions directors of insolvent companies face when considering how to properly conduct themselves and avoid potential liabilities. Please click here to view the full article This article was […]
‘Friends and benefits’: an overview of the apportionment of contribution between directors guilty of misfeasance – Article by Martin Ouwehand
Martin Ouwehand ‘s article on the apportionment of contribution between directors guilty of misfeasance was featured in the April issue of the Corporate Rescue and Insolvency Journal, published by LexisNexis. Please click here to view the article. This article was first published in Corporate Rescue and Insolvency Journal, published by LexisNexis, and is reproduced with […]
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.
“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.
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 […]
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 […]
