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Article
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Macfarlanes LLP | United Kingdom | 22 Oct 2021

Corporate Law Update

In this week’s update: Funds in a holding company’s bank account belonged to a subsidiary and could be used to pay the costs of a subsidiary’s…
Video

Gatehouse Chambers | United Kingdom | 20 Oct 2021

Professional Liability Online Seminar Series - Construction professionals’ negligence

In this webinar, Emma Hynes and Michael Levenstein discuss the developments in the law relating to construction professionals’ negligence, and the…
Article
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Bryan Cave Leighton Paisner LLP | United Kingdom | 20 Oct 2021

Terminating technology contracts: some welcome guidance

Whether to terminate of a complex agreement for material and/or repudiatory breach is a common and yet difficult decision to make as a…
Commentary
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RPC | United Kingdom | 19 Oct 2021

Stating the not-so-obvious: importance of highlighting onerous standard contract terms and perils of e-signing

The High Court recently highlighted the importance of the duty to fairly and reasonably draw any particularly onerous clauses in standard conditions to the customer's attention. If a particularly onerous clause is not highlighted, this could amount to misrepresentation. This judgment serves as a warning to customers when e-signing contracts. Incorrect belief as to the nature of a document is......
Article
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Macfarlanes LLP | United Kingdom | 19 Oct 2021

Court interprets knowledge and mitigation clauses in a share sale agreement

The High Court has examined whether the buyer of a company was prevented from bringing claims for breaches of several warranties by virtue of being…
Article
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Akin Gump Strauss Hauer & Feld LLP | Global, United Kingdom | 14 Oct 2021

A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency Arbitrator to Stop a ‘Call’; and Singapore Court of Appeal Supports Express Exclusion of ‘Unconscionability’ Ground

On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay…
Commentary
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RPC | United Kingdom | 12 Oct 2021

Choose your words wisely: waiving privilege in witness evidence

In a cautionary tale for litigators, the High Court recently ordered the disclosure of the privileged notes of a conversation after a witness referred to the conversation in his witness statement. This decision serves as a valuable reminder of the risk of waiving privilege when relying upon privileged material in statements of case or witness statements. Litigators must also consider......
Article
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Shearman & Sterling LLP | United Kingdom | 11 Oct 2021

Caffè Nero CVA challenge dismissed

On 29 September 2021 the High Court dismissed a challenge to Caffè Nero’s 2020 CVA brought by one of its landlords, Ronald Young. Young asserted that…
Article
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Macfarlanes LLP | United Kingdom | 11 Oct 2021

High Court confirms that landlords can still resort to court proceedings to recover unpaid rent

The recent changes to the restrictions on winding-up petitions will have been disappointing to commercial landlords. However, the case of London…
Article
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Macfarlanes LLP | United Kingdom | 11 Oct 2021

Fair value determination mechanism in articles of association took precedence over shareholders’ agreement

The High Court has held that the fair value of shares to be sold by departing directors under a compulsory transfer mechanism could not be calculated…
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