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Commercial litigation podcast series – Episode 9: General update
Part 26A restructuring plans – most significant change in 20 years
The court ruling yesterday in Re Virgin Active Holdings Limited [2021] EWHC 1246 has paved the way for restructuring plans under Part 26A to the …
Court of Appeal confirms application of Duomatic principle to beneficial shareholders
In a recent decision, the Court of Appeal has followed last year’s Privy Council decision in Ciban Management Corpn v Citco (BVI) Ltd [2020] UKPC 21 …
High Court clarifies extent of directors’ and shareholder’s liability in relation to unlawful distribution
The High Court has held that the liability of directors and shareholders of a company in respect of a distribution exceeding the company’s distributable …
Impact of Brexit on applicable law in cross-border insolvencies
From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules …
Supreme Court judgment in the KBR v SFO appeal – limits to extraterritorial impact of the SFO’s document compulsion powers
In a recent decision concerning the scope of extraterritorial application of the SFO’s section 2 powers, the Supreme Court held that the SFO does not …
High Court refuses to strike out claim for relief under section 423 of the Insolvency Act 1986 despite lack of connecting factors between the defendant and the jurisdiction
The High Court has dismissed a strike out application in respect of a claim brought under section 423 of the Insolvency Act 1986 (“IA 1986”) in respect …
Supreme Court applies Patel v Mirza to reject illegality defence to solicitors' negligence claim where claimant had engaged in mortgage fraud
The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a claim against her solicitors for negligently …
Upcoming webinar – Litigation update
On Wednesday 4 November (2-3pm UK time), Anna Pertoldi and Maura McIntosh will deliver a webinar for Herbert Smith Freehills clients and contacts looking …
Privy Council clarifies application of Duomatic principle to beneficial owners and the conferring of ostensible authority
The Judicial Committee of the Privy Council has ruled that the corporate director and the agent of a BVI-based holding company did not owe the company a …
High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose
The High Court has dismissed a Part 8 claim against a bank for allegedly failing to provide an adequate response to the claimant’s Data Subject Access …
Judgment handed down in FCA's COVID-19 business interruption insurance test case
The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …
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