Archive: June 2021

In Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551, the Court of Appeal provides useful guidance on the scope of the ‘fraud exception’ to the ‘without prejudice’ rule.

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.

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.

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.

The recent decision in Dixon v Santander Asset Finance Plc & Anor [2021] 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.