Helping your counterparties without risking your contractual rights – Article by Josh Lewison and Poppy Rimington-Pounder
In the current climate, many companies want to help commercial counterparties by temporarily varying the terms of their agreements. How can they do this without losing their legal rights, particularly if there is a risk of subsequent insolvency? In this article, Josh Lewison and Poppy Rimington-Pounder set out the options for businesses that want to […]
What I talk about when I talk about arbitrator diversity – Article by Shantanu Majumdar KC
While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. In this article, Shantanu Majumdar KC reflects on the importance of increasing arbitrator diversity and how this can be achieved. You can download the article here.
Can directors appoint administrators outside of court opening hours? – Article by Catherine Doran
Catherine Doran discusses whether directors can appoint administrators outside of court opening hours following her recent case in which a notice of appointment was filed at 4.37pm. You can read the full article here.
Autonomy: two jurisdictions, two cases – Article by Shantanu Majumdar
Shantanu Majumdar’s article titled Autonomy: two jurisdictions, two cases, which discusses the relevance of criminal proceedings in civil fraud claims by reference to HP’s Autonomy claim in the High Court, has recently been published in the ICAEW’s Economia journal. You can read the full article here.
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.