Publication
Road to COP29: Our insights
The 28th Conference of the Parties on Climate Change (COP28) took place on November 30 - December 12 in Dubai.
Welcome to the latest edition of Corporate and commercial disputes review.
A major theme of this edition is the extent to which the actions of companies can give rise to liability in multiple jurisdictions. We consider the latest decision of the Court of Appeal on the extent to which a company can be liable for the actions of its overseas subsidiary and look at the extent to which US statutes apply extraterritorially.
We also examine the first reported decision since the Recast Brussels Regulation took effect which looks at whether EU member states lack the power to grant an anti-suit injunction restraining court proceedings commenced in another EU member state.
Separately, we consider a recent Supreme Court’s decision on the measure of damages for breach of a business sale agreement and the High Court’s decision on whether an entire agreement clause can exclude liability for misrepresentation. We also review the Court of Appeal’s timely reminder on the issue of shareholder claims and the “no reflective loss” rule.
Turning away from contract law, we examine the heavily anticipated Court of Appeal decision on litigation privilege and how this will impact on investigations. We also consider the new frontier of litigation arising as a result of cyber attacks.
In this issue:
New guidance on parent company liability for the actions of foreign subsidiaries
The Court of Appeal has provided further guidance on when a parent company will be liable for the actions of its foreign subsidiaries.
December 2018
US courts retreat from applying major federal statutes to extraterritorial activity
A recent trend from the US Supreme Court indicates a retreat from reflexively applying major federal statutes to extraterritorial conduct.
December 2018
Cyber litigation: the new frontier
With the threat of cyber-attacks growing, we look at how the courts are handling the new frontier of litigation.
December 2018
Internal investigations: when does privilege apply?
The Court of Appeal has handed down an eagerly awaited decision addressing fundamental issues as to the ambit of litigation privilege in investigations.
December 2018
Shareholder claims and the “no reflective loss” rule
A discussion of the ‘no reflective loss’ rule where a shareholder’s loss merely reflects the loss suffered by the company.
December 2018
When does an entire agreement clause exclude liability for misrepresentation?
Analysis of Al-Hasawi v Nottingham Forest Football Club Ltd [2018] EWHC 2884 (Ch) and where it leaves us with the treatment of entire agreement clauses.
December 2018
Measuring damages for breach of a business sale agreement
The Supreme Court has provided further guidance on how we measure damages for breach of a business sales agreement.
December 2018
West Tankers stays on course in recent anti-suit decision
Analysis of the first reported decision on anti-suit injunctions since the Recast Brussels Regulation took effect.
December 2018
Recent publications
Publication
Country risk in unprecedented times: A precedent for cross-border loan documentation?
While country risk cannot be avoided in cross-border transactions entirely, it can be effectively mitigated through careful transaction structuring and tailored contractual protections.
Publication
The GCR Guide to Life Sciences – Merger control: Procedural issues
Miranda Cole, Julien Haverals and Emma Clarke of our Brussels/ London offices are the authors of a chapter on procedural issues in merger control that has been published in the third edition of the Global Competition Review’s The Guide to Life Sciences. This covers a number of significant procedural developments that have affected merger review of life sciences transactions.
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