How to spot a commercial agent (and why you need to know how to spot one)

22 January 2020

Commercial agents are special. They enjoy a unique legal position and enjoy a suite of legal rights and protections . A number of the core rights and protections enjoyed by commercial agents are absolute and will endure regardless of what the commercial agent and principal agree. But what does this mean in practice, and how can you identify whether you are, or have retained, a commercial agent to which such rights apply?

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Libor – What Next?

22 January 2020

Today the London Interbank Offered Rate (LIBOR) is still among the most commonly used interest rate benchmarks. However, LIBOR will cease to be available from the end of 2021. All users of LIBOR – both lenders and borrowers – will need to be prepared for this discontinuation. Background In July 2019, the FCA announced that […]

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Duomatically Invalidated

22 January 2020

The Court confirms its preference for a narrow and strict interpretation of the “Duomatic principle” relating to the informal approval of actions by a company’s shareholders.

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A short guide to alternative dispute resolution (ADR)

22 January 2020

The Court continues to emphasise the importance of parties to litigation or potential litigation attempting to resolve their dispute by alternative means, and may penalise parties for not doing so. This article explores some of the more common alternative procedures.

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A mother’s love is not infallible – Court of Appeal restores multi-million WFO

22 January 2020

The Court of Appeal has unanimously restored a worldwide freezing injunction against a defendant’s mother, in a useful reminder of the evidence necessary to show a risk of assets being disseminated.

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Lost At Sea No Longer – Clarification on the use of “Anchor Defendants”

18 December 2019

The Court of Appeal has allowed the appeal of Privatbank against a High Court judgment dismissing its claim against foreign domiciled defendants on the basis that the bank had inappropriately pursued claims against English domiciled defendants for the “sole purpose” of attaching English jurisdiction to the former group. The decision helpfully clarifies the position on the use of so-called “anchor defendants”.

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Every little doesn’t always help

18 December 2019

Tesco has recently failed in its attempt to strike out claims by investors seeking to recover losses in respect of their investment decisions to buy and sell shares in Tesco, which the Claimants claimed were made in reliance on untrue or misleading information published by the supermarket chain.

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IP’s Susceptible to Non-Party Costs Orders

18 December 2019

The High Court has made a non-party costs order against an insolvency practitioner firm, requiring it to pay the legal costs of unsuccessful proceedings brought by one of its partners.

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Hybrid contracts and valid payment notices explored

18 December 2019

The statutory payment provisions for construction operations are designed to encourage cash flow within the construction industry. In the case of C Spencer Limited V MW High Tech Projects UK Limited[1] the Court had to consider the implications of a contractual payment regime that dealt with both construction operations and other works together.

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Message Received – Dispensing with Service

18 December 2019

In the recent case of Lonestar Communications Corp LLC v Kaye[1], the court dispensed with service of the claim form following numerous attempts by the Claimant via social media and the internet to notify the Defendant of the proceedings.

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