In a decision with general importance to financial markets, Standard Chartered Plc v Guaranty Nominees Limited and others [2024] EWHC 2605 represents the first time that the English court has ruled on the issue of which...more
Shareholder agreements often include an obligation that the shareholders must act with “good faith” in their dealings with one another and with the company. However, what does that actually mean? In this insight, we consider...more
12/2/2022
/ Board of Directors ,
Breach of Contract ,
Contract Drafting ,
Contract Terms ,
Corporate Officers ,
Covenant of Good Faith and Fair Dealing ,
Fiduciary Duty ,
Good Faith ,
Investors ,
Shareholder Litigation ,
Shareholders ,
Shareholders' Agreements
On 5 October 2022, the English Supreme Court handed down its decision in BTI 2014 LLC v Sequana SA and others.
This (as described by Lady Justice Arden) “momentous” decision principally concerns whether directors are under...more
10/11/2022
/ Board of Directors ,
Clean-Up Costs ,
Commercial Bankruptcy ,
Corporate Counsel ,
Creditors ,
Dividends ,
Environmental Liability ,
Fiduciary Duty ,
Insolvency ,
Priority Debt ,
Shareholders ,
Subsidiaries ,
UK ,
UK Supreme Court
Following a nine month trial in 2019, Mr. Justice Hildyard released a summary of his conclusions at the end of January 2021 regarding the proceedings brought by Hewlett-Packard (“HP”) (as well as a number of related entities)...more
FOREWORD -
On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
7/28/2021
/ Adjournment ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Banks ,
Breach of Contract ,
Breach of Duty ,
Business and Property Courts ,
Cause of Action Accrual ,
Commercial Court ,
Confidential Information ,
Contempt ,
Contract Disputes ,
Court Schedules ,
Cryptoassets ,
Cryptocurrency ,
Disclosure ,
Dispute Resolution ,
Dispute Resolution Clauses ,
Duty of Care ,
Duty to Protect ,
Email ,
England ,
Fiduciary Duty ,
Foreign Arbitration Clauses ,
Fraud ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Joint and Several Liability ,
Joint Venture ,
Jurisdiction ,
Liability ,
Litigation Funding ,
Misappropriation ,
Mobile Devices ,
Parent Corporation ,
Personal Data ,
Public Interest ,
Reflective Loss Rule ,
Securities and Exchange Commission (SEC) ,
Subsidiaries ,
Summary Judgment ,
Trials ,
UK ,
UK Supreme Court ,
Voluntary Disclosure ,
Witness Statements ,
Witness Unavailability
The matter of Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWHC 849 (Ch) is the latest in a recent series of decisions that are gradually expanding the scope of “control” of documents for...more
In February 2021, the UK Supreme Court handed down its judgment in Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3. The decision clarifies the position in relation to the liability of UK parent companies...more
On 15 January 2021, judgment was handed down in the leapfrog appeal heard by the Supreme Court in the test case brought by the Financial Conduct Authority in relation to the responsiveness of business interruption insurance...more
2/1/2021
/ Appeals ,
Business Interruption ,
Business Losses ,
Contract Claims ,
Contract Terms ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
UK Supreme Court
The High Court has delivered guidance on how injunctions obtained against ‘persons unknown’ should be served in a decision in the case of Secretary of State for Transport (HS2) v Cuciurean [2020] EWHC 2614. The case applied a...more
The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that will govern their contract,...more
On 12 October 2020, the Commercial Court handed down judgment in the first case in which the English courts have had to consider whether COVID-19 resulted in a material adverse effect (“MAE”) (Travelport Ltd & Ors v WEX Inc...more
10/22/2020
/ Acquisitions ,
Carve Out Provisions ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Share Sale and Purchase Agreements (SPAs)
The High Court has yesterday handed down its judgment in the test case of The Financial Conduct Authority v Arch and Others. The case, brought by the Financial Conduct Authority on behalf of policyholders and joined by two...more
The current economic, environmental and political outlook globally is perhaps the most uncertain it has been in decades. Against this backdrop, contracts are likely to be analysed and tested in ways unlike before.
With this...more