company law – Page 10 – Current Awareness

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

Posted August 23rd, 2019 in appeals, company law, foreign jurisdictions, jurisdiction, news, statutory interpretation, Supreme Court, terrorism by sally

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

Posted August 1st, 2019 in accountants, civil procedure rules, company law, expert witnesses, news, practice directions, shareholders, unfairly prejudicial conduct by sally

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

4 New Square, 22nd July 2019

Source: www.4newsquare.com

Shareholder Disputes in Sport – 4 New Square

Posted August 1st, 2019 in company directors, company law, news, shareholders, sport, unfairly prejudicial conduct by sally

‘As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.’

4 New Square, 24th July 2019

Source: www.4newsquare.com

Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

Posted March 13th, 2019 in assets recovery, bereavement, company directors, company law, fiduciary duty, news, wills by sally

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

UK executive pay disclosure rules come into force – OUT-LAW.com

Posted January 7th, 2019 in company law, disclosure, news, remuneration by sally

‘New laws requiring large quoted UK public companies to be more open about their remuneration of boardroom executives have come into force.’

OUT-LAW.com, 4th January 2019

Source: www.out-law.com

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by sally

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

UK unveils raft of new measures to help distressed companies – OUT-LAW.com

Posted August 29th, 2018 in company directors, company law, insolvency, news by sally

‘The UK government has published new tools designed to improve rescue opportunities for companies in financial distress and put more emphasis on directors’ duties.’

OUT-LAW.com, 28th August 2018

Source: www.out-law.com

Company collapses lead to insolvency law clampdown – BBC News

Posted August 28th, 2018 in company directors, company law, dividends, insolvency, news, pensions by sally

‘Company bosses who dissolve their firms to avoid paying off staff or meeting pension commitments will risk being hit with fines, under new government plans.’

BBC News, 26th August 2018

Source: www.bbc.co.uk

Judgment of the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605 – Radcliffe Chambers

Posted August 6th, 2018 in charities, company law, fiduciary duty, news by sally

‘Mark Mullen appeared for HM Attorney General before the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605.

In the claim, the claimant (‘CIFF’), a company limited by guarantee and a registered charity, sought approval of the making of a grant of $360 million to a new charity established by one of its directors.’

Radcliffe Chambers, 6th July 2018

Source: www.radcliffechambers.com

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, corporate veil, divorce, financial provision, news, shareholders by sally

‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’

Family Law, 2nd July 2018

Source: www.familylaw.co.uk

CVA should not proceed following emergence of £126m claim, says UK court – OUT-LAW.com

Posted June 29th, 2018 in company law, contracts, insolvency, news by sally

‘The Court of Appeal in England and Wales has ruled that a company voluntary arrangement (CVA) should not continue after the emergence of a new claim for £126 million against the insolvent company. The ruling underlined how important clarity and specificity are in contract terms.’

OUT-LAW.com, 29th June 2018

Source: www.out-law.com

New Europe law makes it easy to find out what your boss has said about you – The Guardian

Posted April 24th, 2018 in company law, data protection, EC law, employment, freedom of information, news, penalties, regulations by sally

‘General Data Protection Regulation holds that anyone in Europe can ask any company for the data it has on them.’

The Guardian, 24th April 2018

Source: www.theguardian.com

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by sally

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Obliged companies are to publish their first non-financial strategic reports in the first half of 2018 – OUT-LAW.com

Posted January 8th, 2018 in bribery, company law, corruption, news, regulations, reports by sally

‘Traded companies, banks and insurers with a calendar financial year will be assessing how to comply with new non-financial reporting obligations over the coming months, including the obligation to report on anti-bribery and anti-corruption matters.’

OUT-LAW.com, 5th January 2018

Source: www.out-law.com

Proposed reforms to the UK Corporate Governance Code from 1 January 2019 – OUT-LAW.com

Posted December 19th, 2017 in codes of practice, company directors, company law, financial regulation, news by sally

‘A revised UK Corporate Governance Code, intended by the Financial Reporting Council (FRC) to be “shorter and sharper” and to restore public trust in business, is due to come into force for accounting periods beginning 1 January 2019’

OUT-LAW.com, 18th December 2017

Source: www.out-law.com

Reinforcing the Veil – Defending Cases Where the Corporate Veil is Threatened – Drystone Chambers

Posted December 8th, 2017 in company directors, company law, confiscation, corporate veil, news, Supreme Court by sally

‘“The corporate veil” is a much discussed, but much misunderstood phrase. When Lord Halsbury LC stated in Salomon v A Salomon and Co Ltd [1897] AC 22 that a limited liability company was to be viewed ‘like any other independent person with its rights and liabilities appropriate to itself’ he imbedded in law the idea of corporations having a separate legal identity from their directors. That principle is agreed. What has been in dispute, and is still uncertain to a degree, is when that separation can be made. ‘

Drystone Chambers, 4th December 2017

Source: drystone.com

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

Posted November 15th, 2017 in company law, conflict of laws, EC law, interpretation, jurisdiction, news, subsidiary companies, treaties by sally

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

Cloisters, 12th October 2017

Source: www.cloisters.com

UK government pushes for compliance with Modern Slavery Act – OUT-LAW.com

Posted October 11th, 2017 in company law, documents, forced labour, government departments, legislation, news, regulations, trafficking in human beings by sally

‘The UK government has amended its guidance over how companies and other organisations should show they have taken steps to ensure modern slavery is not taking place in their business and supply chains.’

OUT-LAW.com, 9th October 2017

Source: www.out-law.com

World-leading package of corporate governance reforms announced to increase boardroom accountability and enhance trust in business – Department for Business, Energy & Industrial Strategy

Posted August 29th, 2017 in bills, company directors, company law, press releases, remuneration by sally

‘Business Secretary Greg Clark has set out the government’s corporate governance reforms to enhance the public’s trust in business.’

Full press release

Source: www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy

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