Publication
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
Real Estate Focus - December 2024
December has been a very busy month, with a flurry of new government policies and consultations.
Publication
Essential Corporate News – Week ending 20 December 2024
On 13 December 2024 the Financial Conduct Authority (FCA) published Primary Market Bulletin 53 (PMB 53) which includes confirmation of the final form of two new, and one amended, sponsor-related technical notes previously consulted on in PMB 50, and a consultation on various proposed changes to the technical and procedural notes in the FCA’s knowledge base.
Subscribe and stay up to date with the latest legal news, information and events . . .