February 2021https://www.nortonrosefulbright.com/en/inside-disputes/blog/rss/february-2021Recent blog postsen{18854D36-BE16-4FF4-A421-BCA3D3D57D3A}https://www.nortonrosefulbright.com/en/inside-disputes/blog/unambiguous-impropriety-exception-to-without-prejudice-privilegeJames LockwoodEmma CridlandFraudPrivilege and disclosure“Unambiguous impropriety” exception to without prejudice privilegeIn Motorola Solutions Inc and another v Hytera Communications Corp Ltd [2021] 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.Fri, 26 Feb 2021 14:12:00 ZJames Lockwood, Emma Cridland{452E8754-3D6C-4183-B60B-057A1D77C28A}https://www.nortonrosefulbright.com/en/inside-disputes/blog/cross-undertakings-for-security-for-costs-and-litigation-fundersJames LockwoodAditya BadamiGroup action litigationBlog postCross-undertakings for security for costs and litigation fundersIn a shift from a line of first instance decisions, the recent Court of Appeal decision in Rowe & Ors v Ingenious Media Holdings PLC & Ors [2021] 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.Thu, 18 Feb 2021 09:31:48 ZJames Lockwood, Aditya Badami{BAF0BC14-4479-4900-A40D-283E9579F841}https://www.nortonrosefulbright.com/en/inside-disputes/blog/what-does-fair-value-mean-in-the-context-of-a-forced-buy-outContractual interpretationBlog postWhat does “fair value” mean in the context of a forced buy-out?In the recent case of Re Euro Accessories Ltd [2021] 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”.Thu, 11 Feb 2021 09:23:40 Z{705A6504-0977-42C2-844A-CBBC1AEC7651}https://www.nortonrosefulbright.com/en/inside-disputes/blog/prime-finance-begins-public-consultation-on-draft-revised-arbitration-rulesJames LockwoodJonathan HawkinsProceduralDerivativesBlog postP.R.I.M.E Finance begins public consultation on draft revised Arbitration RulesThe 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).Mon, 08 Feb 2021 09:18:00 ZJames Lockwood, Jonathan Hawkins{58489E9E-34EC-47BA-90A1-606335AF6D90}https://www.nortonrosefulbright.com/en/inside-disputes/blog/libor-discontinuation-tough-legacy-contractsHarriet Jones-FenleighLIBOR discontinuationBlog postLIBOR discontinuation, tough legacy contracts and the legislative solution - where are we now?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.Mon, 01 Feb 2021 12:07:00 ZHarriet Jones-Fenleigh