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.
The Collision Regulations and Autonomous Shipping
In the May 2019 edition of Legalseas, we reflected on the implication of the Court of Appeal decision in the case of Evergreen Marine v Nautical Challenge (Evergreen) when considering the interaction (and interpretation) of the Collision Regulations (COLREGs) (specifically the crossing rule (Rule 15) and narrow channel rule (Rule 9)) in circumstances when they appeared to conflict.