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21 November 2019
Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation. The court held that the liquidator's firm should not be made liable for all of the defendants' costs,...
21 November 2019
M&A STANDPOINT: Lloyds/HBOS – lessons for boards and their advisers
The judgment published last Friday in the case of Sharp v Blank (also known as the Lloyds-HBOS litigation ) is of utmost importance – and significant comfort – to listed company directors and their advisers in the context of M&A transactions. Our detailed briefing on the judgment can be found...
20 November 2019
Who's Who Legal highlight Partner David Nitek in their latest thought leaders Guide
London-based Construction & Infrastructure Disputes Partner David Nitek has been profiled as a thought leader in Who's Who Legal's latest Thought Leaders: Construction guide. The guide brings together the world's foremost practitioners in the sector, giving access to their insight and expertise.
19 November 2019
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in “good faith”, or similar. Even where no such term is...
15 November 2019
The Lloyds/HBOS litigation: The first shareholder class action judgment in England & Wales
The first judgment in a shareholder class action in England & Wales has been handed down by the High Court today in Sharp v Blank [2019] EWHC 3078 (Ch) (also known as The Lloyds/HBOS litigation ).
08 November 2019
Seeking closure: how to minimise deal disruption
Mergers and acquisitions are increasingly taking longer to close. This is due in large part to the rapid rise in the number of antitrust regimes around the world and the increased willingness of antitrust regulators to intervene in transactions. Protracted deal timetables also mean that a...
05 November 2019
Horizon Scanning: Digital Regulation - UK and EU developments
Keeping up to date with regulatory developments in the digital space can be a challenge at the best of times! To help our clients stay ahead of the game, we have put together what we hope is a helpful tool to keep track of digital regulation across the UK and EU (including developments relating to...
25 October 2019
Infrastructure initiatives in Southeast Asia: construction challenges and opportunities
Seoul Head of Disputes, Mike McClure , recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the...
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22 November 2019
CDR: Challenges and Opportunities in the Superannuation Sector
The Senate Select Committee on Financial Technology and Regulatory Technology (the Committee ) is considering the current and future government approach to FinTech and RegTech in Australia, and is inviting submissions until 31 December 2019.
21 November 2019
Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation. The court held that the liquidator's firm should not be made liable for all of the defendants' costs,...
21 November 2019
M&A STANDPOINT: Lloyds/HBOS – lessons for boards and their advisers
The judgment published last Friday in the case of Sharp v Blank (also known as the Lloyds-HBOS litigation ) is of utmost importance – and significant comfort – to listed company directors and their advisers in the context of M&A transactions. Our detailed briefing on the judgment can be found...
20 November 2019
Who's Who Legal highlight Partner David Nitek in their latest thought leaders Guide
London-based Construction & Infrastructure Disputes Partner David Nitek has been profiled as a thought leader in Who's Who Legal's latest Thought Leaders: Construction guide. The guide brings together the world's foremost practitioners in the sector, giving access to their insight and expertise.
19 November 2019
The ALRC’s discussion paper on Corporate Criminal Responsibility: What you need to know
The Australian Law Reform Commission ( ALRC ) has published a very significant paper on the future of prosecuting corporations and their officers in the post-Financial Services Royal Commission environment. The ALRC’s Discussion Paper has a broad scope, the key themes of which are the rationale...
19 November 2019
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in “good faith”, or similar. Even where no such term is...
15 November 2019
The Lloyds/HBOS litigation: The first shareholder class action judgment in England & Wales
The first judgment in a shareholder class action in England & Wales has been handed down by the High Court today in Sharp v Blank [2019] EWHC 3078 (Ch) (also known as The Lloyds/HBOS litigation ).
14 November 2019
Employees’ consent to data processing soon to be made electronic under German data protection law
When it comes to employment-related data processing, employers in Germany are regularly required to obtain consent from their employees by seeking their wet ink signature to be on the safe side. This additional administrative burden may soon be a thing of the past according to the recently approved...
13 November 2019
One year of Model Declaratory Action in Germany – taking stock and outlook
Fuelled by revelations consequent of the Volkswagen diesel emissions technology cases, the German legislator hastily introduced a new law on Model Declaratory Action ( Musterfeststellungsklage ). This denotes an important step by the German legislator into the direction of collective redress in B2C...
12 November 2019
Beneficial Ownership – Implementation, Supervision and Sanctions
If you only hold minority shares in a company, can you be considered a beneficial owner of that company from an Indonesian regulatory perspective? If the answer is “yes,” should your name be reported to the Indonesian authorities? Up to what level of ownership is a company required to disclose the...
