“Unambiguous impropriety” exception to without prejudice privilege
February 26, 2021
In Motorola Solutions Inc and another v Hytera Communications Corp Ltd  EWCA, the Court of Appeal overturned a $345m freezing injunction which it held was based on inadmissible statements made during without prejudice (WP) settlement meetings.
Cross-undertakings for security for costs and litigation funders
February 18, 2021
In a shift from a line of first instance decisions, the recent Court of Appeal decision in Rowe & Ors v Ingenious Media Holdings PLC & Ors  EWCA Civ 29 (Rowe) has narrowed the circumstances in which a defendant may be required to provide cross-undertakings in damages as a condition of an order for security for costs to “rare and exceptional” cases.
What does “fair value” mean in the context of a forced buy-out?
February 11, 2021
In the recent case of Re Euro Accessories Ltd  EWHC 47 (Ch), the company’s majority shareholder, Mr Gilsenan, had amended the company’s articles of association to enable him to purchase the shares held by the minority shareholder (Mr Monaghan) at “fair value”.
P.R.I.M.E Finance begins public consultation on draft revised Arbitration Rules
February 08, 2021
The Panel of Recognised International Markets Experts in Finance (P.R.I.M.E. Finance) has announced a public consultation on its draft revised Arbitration Rules (the Rules).
LIBOR discontinuation, tough legacy contracts and the legislative solution - where are we now?
February 01, 2021
With the introduction of the Financial Services Bill (the FS Bill) into Parliament in October last year and regulated firms working hard towards transitioning away from LIBOR by end 2021, this post focuses on the FCA’s proposed new powers to address so-called “tough legacy” contracts.