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Showing 36 out of 93 results
US appeals court limits extra-territorial application of anti-fraud provisions of US securities laws
A recent decision of the US Court of Appeals for the Second Circuit has refused to impose liability under § 10(b) of the Securities Exchange Act of 1934 …
High Court applies fraud/iniquity exception to displace litigation privilege
The High Court has held that certain communications between a client and lawyers during the course of proceedings were not protected by litigation …
Court of Appeal finds foreign subsidiary not domiciled in England under Brussels Regulation
The Court of Appeal has held that the South African subsidiary of an English parent did not have its central administration in England and was therefore …
US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York
In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, …
Article published on strict test for litigation privilege
To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and …
Court of Appeal considers when a person may be a de facto or shadow director
In a recent decision, the Court of Appeal upheld a finding that a director of a holding company had not become a de facto or shadow director of its …
Court of Appeal finds parent company had no duty of care to its subsidiary's employee
The Court of Appeal has reversed a first instance decision that a parent company had assumed a duty of care to an employee of its subsidiary company in …
Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) …
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
UK Supreme Court to consider whether recoverable success fees / ATE premiums breach Article 6 rights
In a judgment handed down last Wednesday, 23 July, the Supreme Court said it was open to the Court to reconsider whether a claimant's right to …
Article published considering rights and remedies for breach of pre-emption clause
Pre-emption clauses, as commonly found in shareholder, investment and joint venture agreements, are designed to prevent a shareholder selling his shares …
Court of Appeal upholds award of damages for breach of English jurisdiction agreement
The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction …
Showing 36 out of 93 results
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