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 […]
When do lawyers come under enhanced/wider duties? Giambrone and all that – Article by Shantanu Majumdar
Off the back of his successful involvement in the case of Various Claimants v Giambrone & others [2015] EWHC 1946 (QB) – the Professional Negligence Bar Association asked Shantanu Majumdar to speak at their Annual Lawyers’ Liability Conference last month on one aspect of this many-faceted case. Here are the lecture notes.
Tracing backwards and through overdrawn accounts – Article by Dov Ohrenstein
Anyone involved in cases concerning the tracing of assets will be interested in Durant v Brazil [2015] UKPC 35, a recent decision of the Privy Council. In this article Dov Ohrenstein examines this case and its impact on future cases. Please click here to read the full article.
In good faith? What is the impact of the good faith doctrine on commercial contracts – Article by Dov Ohrenstein
Dov Ohrenstein writes for the New Law Journal on the impact of the good faith doctrine on commercial contracts. The article can be accessed here.
Challenging fraudulent judgments – Article by Dov Ohrenstein
To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonable diligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. Please click here to continue reading this […]
