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Corporate and commercial disputes review

Publication March 2018

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

In this edition, we feature several emerging trends which are of key interest to our corporate clients in all industries. We focus on M&A disputes, claims against parent companies for the actions of their subsidiaries and the latest developments in relation to legal professional privilege.

A further, and perhaps surprising, trend is the recent run of cases concerning intention to create legal relations. We look at attempts to argue that binding contracts have been entered into in informal settings and lessons that this may have for the conduct of business.

We also review three recent Supreme Court decisions on the scope of professional negligence liability.

We examine the balance between public interest and commercial exploitation in the context of protecting shareholder information.

Finally, we examine new procedures for expedited arbitrations and the extent to which they will be appropriate for corporate disputes, and consider the topic of anti-suit injunctions.


In this issue:


After the deal: recent cases and trends in M&A disputes

For some years, the sense has been that a significant proportion of the Commercial and Chancery Division’s time has been taken up by disputes arising from private...

March 2018

When can a company be liable for the actions of it’s subsidiary?

Two recent Court of Appeal cases have answered important questions about when a parent company can be liable alongside its non-UK subsidiary for harm occurring...

March 2018

Recent developments in respect of scope of duty and causation of loss in professional negligence

Before embarking on potentially lengthy and costly litigation, a claimant in a professional negligence action will need to consider carefully whether, in addition...

March 2018

When does “litigation” become sufficient to trigger litigation privilege?

The point at which an investigation becomes sufficiently adversarial to constitute “litigation” for litigation privilege purposes has long been a grey area under...

February 2018

First principles of contract formation

In business, there is great emphasis on building a network of contacts and developing those relationships.

March 2018

[2017] EWCA Civ 1129Richard Charles Fox-Davies v Burberry PlcProtecting shareholder information: the balance between public interest and commercial exploitation

There has always been a fine balance to be struck between the public interest in understanding who owns and runs companies and protection of the personal...

March 2018

Exclusive jurisdiction agreements and anti-suit injunctions

Further, the case is the second recent decision which has grappled with how dispute resolution agreements impact on third parties.

March 2018

Using fast track arbitration for resolving commercial disputes

International arbitration, which initially developed as an efficient and flexible form of dispute resolution, is no longer considered to be a faster and cheaper...

March 2018


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