Archive: June 2021Subscribe to June 2021
The scope of the fraud exception to the without prejudice rule
June 30, 2021
In Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors  EWCA Civ 551, the Court of Appeal provides useful guidance on the scope of the ‘fraud exception’ to the ‘without prejudice’ rule.
Litigation privilege and third parties
June 24, 2021
A recent decision in the English High Court has provided further guidance on the application of the ‘dominant purpose’ test to claims of litigation privilege in respect of correspondence involving third parties.
Further guidance on the Kalmneft factors
June 17, 2021
A decision by the Commercial Court interprets the relevant principles for assessing applications for extensions of time to challenge arbitral awards, and the reasonableness of acts by sovereign states in such a situation.
A good faith provision helped the High Court to find in favour of minority shareholders in a recent shareholder dispute
June 10, 2021
The High Court's decision provides guidance on how the inclusion of a good faith provision in a shareholders agreement can impact on the majority’s right to remove a director under s.168 of the Companies Act 2006.
High Court strikes out claim against banks: no deliberate concealment of facts and claim time-barred for limitation
June 04, 2021
The recent decision in Dixon v Santander Asset Finance Plc & Anor  EWHC 1044 (Ch) provides a useful summary of the case law around the s.32(1)(b) Limitation Act 1980 concealment ground and practical application of this provision to the case facts.