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Article published on maximising privilege protection for internal investigations under US and English law
When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which …
New "opt-out" class action for competition claims
As part of a major overhaul of the competition litigation regime in the UK, a new collective redress regime for competition claims will be introduced …
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs)
The Civil Justice Council has today issued its report and recommendations following its review of the regulations governing DBAs. The review was prompted …
Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation
The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further guidance on the …
High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement
A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that …
High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly …
Relief from sanctions: how far has the pendulum swung back?
In recent months we have seen a number of decisions which show a greater willingness to grant relief from sanctions for breaches of rules and …
CJEU decision demonstrates high hurdle for resisting recognition or enforcement of EU member state judgment on grounds of public policy
The difficulties of trying to resist recognition of a judgment from another EU member state court on the basis that it is manifestly contrary to public …
Court of Appeal considers incorporation of terms from framework agreements
Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered the …
Privy Council confirms availability of backward tracing
"Happy is he who can trace effects to their causes", Virgil observed. Well, victims of fraud will certainly be happy with the Privy Council's decision in …
High Court provides guidance on "serious harm" requirement under Defamation Act 2013 and on procedural management of defamation claims
The Defamation Act 2013 introduced a statutory seriousness threshold that must be crossed before a statement can give rise to a claim: "[a] …
Showing 48 out of 130 results
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