We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results: 1-4 of 4

Mergers and acquisitions: the “failing firm” defence - recent merger decisions by the European Commission and UK competition authorities indicate a more sympathetic approach to acquisitions of companies in financial difficulty
  • Norton Rose Fulbright LLP
  • European Union, United Kingdom
  • January 20 2014

The "failing firm" defence applies in the context of competition authorities scrutinizing mergers and acquisitions - that is, merger control - where

Twelve o’clock high: court upholds “tail-gunner” clause and awards success fee to former financial adviser
  • Norton Rose Fulbright LLP
  • United Kingdom
  • June 4 2010

In Seymour Pierce Limited v Grandtop International Holdings Limited 2010 EWHC 676 (QB) Mr Justice Eady upheld a "tail-gunner" clause in a financial adviser's engagement letter and awarded a success fee to the financial adviser after its former client completed a takeover of Birmingham City Football Club (with a different adviser) and even though its original retainer had been terminated

Fraudulent misrepresentation in share sale and purchase agreement and subsequent personal liability of director
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 29 2010

On 9 October 2009 the High Court gave judgment in the case of Invertec Limited v De Mol Holdings BV and Henricus Albertus de Mol arising from a transaction under which Invertec (the claimant) and De Mol Holding BV (DMH) (the first defendant) entered into a Sale and Purchase Agreement (SPA) to enable Invertec to purchase the entire issued share capital of Volante Public Transportation Interior Systems Limited (Volante) from DMH

Recovery of VAT on professional costs on share sales
  • Norton Rose Fulbright LLP
  • United Kingdom, European Union
  • January 22 2010

Until recently, it has generally been accepted that the VAT charged to companies in respect of most professional costs incurred in connection with a sale of shares by the holding company of a group will be an irrecoverable cost