Corporate and commercial disputes review

Welcome to the latest edition of Corporate and commercial disputes review in which we examine key developments that are likely to affect our corporate clients.

Contractual disputes and important decisions of the Supreme Court feature heavily in this edition. We examine the Supreme Court’s landmark decision on penalties as well as two other Supreme Court decisions dealing with contractual interpretation. We also analyse the Supreme Court’s decision on the rule that directors must only exercise powers for the purposes for which they were conferred.

Moving away from the Supreme Court, we look at a decision of the High Court as to whether the doctrine of repudiatory breach applies to LLP agreements, and review the Court of Appeal decision in a case addressing the effect of surreptitious dealing by a contractual counterparty.

In other areas affecting companies, we look at the arguments surrounding the possibility of a corporate criminal code in Germany; consider the limitation issues surrounding the restoration of a company to the register; analyse issues concerning data subject access requests and their use as a litigation weapon; and note an important decision on the use of predictive coding in the context of electronic disclosure.

Finally, we navigate questions of privilege in global investigations.