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Barclays Bank plc v VEB.RF [2024] EWHC 2981 (Comm) Russian sanctions continue to cause commercial and trade disputes. In November 2024, the Commercial Court was asked to make a declaration on an application made under section 32 of the Arbitration Act 1996. These applications are rare, which makes it worth setting out the details of […]
Carey Street Investments Ltd (In Liquidation) v Brown [2024] EWCA Civ 571 In the recent case of Carey Street Investments Ltd (In Liquidation) v Brown, the Court of Appeal ruled that the trial judge had been correct in finding that there was no evidence the director of two companies had, in breach of his director’s […]
What are directors’ duties? All company directors must comply with the directors’ duties set out in Chapter 2 of Part 10 of the Companies Act (CA) 2006. These are: To act within powers. To promote the success of the company. To exercise independent judgment. To exercise reasonable care, skill, and diligence. To avoid conflicts of […]
Mold v Holloway (1), Jacques (2) (as yet unreported) The High Court has ruled that assets owned by a third-party but controlled by a Respondent to a Freezing Order can be frozen if evidence shows the Respondent intends to dissipate them so as to frustrate a future civil judgment. This is a significant judicial development as, […]
Earlier this year, in Saxon Woods Investments Ltd v Costa & Oths [2024] EWHC 387 (Ch), a minority shareholder (P) brought a Petition under section 994 of the Companies Act 2006 asking the High Court to decide on whether a company had breached terms in the Shareholders’ Agreement requiring the company and its shareholders to work together […]
How To Remove Minority Shareholders The Companies Act 2006 (CA 2006) contains provisions enabling or requiring a takeover offeror to acquire shares of the target company from shareholders who have not accepted the offer. These provisions are referred to as: Squeeze-outs – an offeror has the right to compulsorily purchase the shares of non-assenting shareholders. Sell-outs: the […]
MUR Shipping BV v RTI Ltd [2024] UKSC 18 The current geopolitical situation means companies are increasingly having to rely on force majeure clauses to cope with supply chain issues and sanctions. The UK Supreme Court recently delivered its anticipated decision in MUR Shipping BV v RTI Ltd, which clarified that unless the parties clearly agreed […]
Introduction: In an insolvency case involving both UK trustees and Russian Bank Creditors, the High Court issued guidance in regards to the potential breach of the 2019 Regulations surrounding sanctioned entities. The significant criminal and civil penalties potentially arising from this case make it a consequential and relevant case for UK arbitration and litigation lawyers […]
If you have an Arbitration Agreement in place that allows for arbitration to be brought in England and Wales in the event of a dispute, you can apply for an Anti-Suit Injunction (ASI) from an English Court. This will stop the other party to the Arbitration Agreement from bringing a claim in another jurisdiction. In […]
