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Archive: October 2022

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Can the identity of those instructing lawyers be protected by litigation privilege?

October 27, 2022

A recent decision by the High Court provides clarity on whether those instructing solicitors benefit from litigation privilege.

ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'

October 21, 2022

Members of our Litigation and Derivatives teams have written an article discussing the impact of the judgment in Grant & Ors v FR Acquisitions Corporation and (Europe) Ltd & JFV Firth Rixson Inc [2022] EWHC 2532 (Ch) which offers important new guidance on when an Event of Default is ‘continuing’ under both the 1992 and 2002 versions of the ISDA Master Agreement.

Landmark judgment on directors' duties when a company faces insolvency

October 20, 2022

Our financial insolvency and restructuring team have written an article on the recent Supreme Court judgment in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25, which looked at whether there is a common law duty on directors to act in the interests of creditors when a company faces insolvency, but is not yet in an insolvency process.

Recent Court of Appeal guidance on damages for breach of warranty and deceit

October 14, 2022

In the context of a share sale, the Court of Appeal in MDW Holdings Ltd v Norvill & Ors [2022] EWCA Civ 883 confirmed that a defendant cannot usually reduce its liability for breach of warranty by showing that contingencies or risks at the time of the transaction did not in fact occur.

Court guidance on when a split trial is appropriate

October 07, 2022

The recent Commercial Court decision in Jinxin Inc. v Aser Media Pte Ltd & Ors [2022] EWHC 2431 (Comm) provides helpful guidance on when a split trial (i.e. where issues in a case are decided in separate stages) will be ordered by the court.

Can an illegal loan be enforced?

October 03, 2022

In SR Projects Ltd v Rampersad Re Hindu Credit Union Co-Operative Society (Trinidad and Tobago) [2022] UKPC 24, a majority of the Privy Council overturned the decision of the Court of Appeal of Trinidad and Tobago that a loan taken out contrary to statute was void and so unenforceable, either as ultra vires (outside) the powers of the borrower, or for illegality.