Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily

Posted July 18th, 2013 in competition, EC law, law reports, subsidiary companies, undertakings by tracey

Commission of the European Union v Stichting Administratiekantoor Portielje and another: (Case C-440/11P);   [2013] WLR (D)  284

“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

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Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

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Regulators need not guarantee third party losses when freezing assets, Supreme Court confirms – OUT-LAW.com

“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”

Full story

OUT-LAW.com, 28th February 2013

Source: www.out-law.com

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The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

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Twitter court case defendant pledges to stop ‘fantasy’ tweets about oil firm – The Guardian

Posted May 17th, 2012 in internet, news, shareholders, undertakings by sally

“A Twitter user has promised to stop posting ‘fantasy information’ about an oil company on the site after the firm took legal action.”

Full story

The Guardian, 17th May 2012

Source: www.guardian.co.uk

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Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted October 20th, 2011 in appeals, damages, financial regulation, injunctions, law reports, undertakings by tracey

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158;  [2011] WLR (D)  295

“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”

WLR Daily, 18th october 2011

Source: www.iclr.co.uk

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Domestic violence rules ‘boost cost of disputes’ – Law Society’s Gazette

Posted July 21st, 2011 in costs, domestic violence, injunctions, legal aid, news, undertakings by sally

“Family lawyers have attacked the government’s plans to deny legal aid to domestic violence victims who accept ‘undertakings’ from an allegedly abusive partner.”

Full story

Law Society’s Gazette, 21st July 2011

Source: www.lawgazette.co.uk

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Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd – Times Law Reports

Posted March 18th, 2009 in law reports, public interest, undertakings, winding up by sally

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd

Court of Appeal

“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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Zipher Ltd v Markem Systems Ltd and Another – Times Law Reports

Posted February 27th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and Another

Court of Appeal

“An offer of an undertaking by one party lapsed automatically when the court found in favour of the other side and the offer was not resurrected after a successful appeal.”

The Times, 27th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

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Zipher Ltd v Markem Systems Ltd and another – WLR Daily

Posted February 12th, 2009 in appeals, law reports, undertakings by sally

Zipher Ltd v Markem Systems Ltd and another [2009] EWCA Civ 44; [2009] WLR (D) 48

“An offer of an undertaking by one party lapsed automatically once the court found in favour of the other side and the offer was not resurrected when the losing side successfully appealed to the Court of Appeal.”

WLR Daily, 11th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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