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Corporate and commercial disputes review

Publication July 2017

Welcome to the fifth edition of Corporate and commercial disputes review.

In this edition, we feature an analysis of the law on contractual discretion, an issue that will be of interest to clients across all industries and sectors. We also consider trends in case law on contractual interpretation and a recent case concerning
agreements to agree.

Turning away from the field of contract law, we examine an important decision on legal professional privilege. We also consider the related subject of data subject access requests and review two recent cases where the Court of Appeal has considered the use of DSARs as a way of obtaining disclosure of documents. On the regulatory side, we review the new Criminal Finances Act and the changes to the suspicious activity report regime.

In relation to company law, we look at a recent case concerning the valuation of shares.

Finally, in light of recent currency fluctuations, we review two recent cases where the courts have grappled with the impact of changes in exchange rates on costs.

 Contractual discretion and its limits   Contractual interpretation post-Arnold v Britton   Privilege and the “client” in The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) – UK and US perspectives   UK Court of Appeal allows data subject access requests to be made in furtherance of litigation   Make me a SuperSAR: Criminal Finances Act 2017   Valuing a company’s shares following unfair prejudice   Agreement to agree – will it be enforceable?   The impact of currency fluctuations on the costs of litigation  


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