Chu v Lau [2020] UKPC 24: The Privy Council’s review of the law on just and equitable winding-up – Exchange Chambers

‘In its Judgment handed down on 12 October 2020, [[2020] UKPC 24], the Privy Council, comprised of Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt and Lord Burrows, provided a welcomed clarification of the law applicable to the just and equitable winding-up of a company; with a particular emphasis on the alternative rules which apply to those companies having the status of a quasi-partnership.’

Full Story

Exchange Chambers, 16th October 2020

Source: www.exchangechambers.co.uk

OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers

‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’

Full Story

Atkin Chambers, 6th July 2020

Source: www.atkinchambers.com

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

Full Story

New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

Fraudulent Non-Disclosure Claim in Property Joint Venture Case Fails – Littleton Chambers

Posted February 19th, 2020 in chambers articles, conspiracy, disclosure, fiduciary duty, fraud, joint ventures, news by sally

‘The claimant (Mr Russell) was one of four individuals involved in a joint venture property development business. The parties entered into a joint venture agreement which obliged them to act with good faith towards each other, in certain limited respects. Mr Russell departed the business pursuant to the terms of a settlement deed. Shortly after that deed was executed, the remaining parties entered into an attractive development project that Mr Russell claimed the other parties did not tell him about, or give him the opportunity to participate in. Mr Russell claimed he was wrongfully excluded by the dishonest actions of the other joint venturers. The claims alleged were: (a) breach of fiduciary duty; (b) breach of the express/implied terms of the joint venture agreement; (c) fraudulent non-disclosure; (d) unlawful means conspiracy. As a result of the terms of the settlement deed, Mr Russell needed to establish fraud or dishonesty to succeed.’

Full Story

Littleton Chambers, 13th February 2020

Source: www.littletonchambers.com

Sharing the pain: considerations for joint venture participants – Practical Law: Construction Blog

Posted November 14th, 2019 in construction industry, contracts, joint ventures, news by tracey

‘Both contractors and developers often enter into joint ventures to carry out a specific project. It enables parties to bid on larger projects, pool their resources, including specialised knowledge, and spread risk across the participants. The recent decision in Doosan Enpure Ltd v Interserve Construction Ltd serves as a reminder to participants in construction joint ventures of the potential pitfalls of intra-JV disputes.’

Full Story

Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by tracey

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

Full Story

OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

Full Story

Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Insufficient oversight and inadequate controls “allowed £2m fraud at joint venture” – Local Government Lawyer

Posted September 25th, 2018 in compulsory purchase, fraud, joint ventures, local government, news by sally

‘Insufficient oversight by Barnet Council together with inadequate controls allowed a former member of staff to commit a £2m fraud at a joint venture, a report by auditors Grant Thornton has said.’

Full Story

Local Government Lawyer, 24th September 2018

Source: www.localgovernmentlawyer.co.uk

How to tell if your joint venture breaks competition law – OUT-LAW.com

Posted June 20th, 2018 in competition, joint ventures, news by sally

‘Joint ventures can vary enormously in terms of their scope and nature and be pro-competitive and justified, but as businesses increasingly look to collaborate to innovate, the agreements are coming in for greater scrutiny from competition authorities.’

Full Story

OUT-LAW.com, 18th June 2018

Source: www.out-law.com

Opportunistic Conduct and Good Faith – the line that joint venturers may not cross – Hardwicke Chambers

Posted June 19th, 2018 in agreements, contracts, joint ventures, news by sally

‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’

Full Story

Hardwicke Chambers, 16th May 2018

Source: www.hardwicke.co.uk

The Dow Chemical Co v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, competition, EC law, joint ventures, law reports, subsidiary companies by sally

The Dow Chemical Co v Commission of the European Union (Case C-179/12P); [2013] WLR (D) 363

“For the purposes of establishing liability for participation in an infringement of article 101FEU of the FEU Treaty, where two parent companies each had a 50% shareholding in a joint venture company which had committed an infringement, and only in so far as the commission had demonstrated that both parent companies did in fact exercise decisive influence over the joint venture, those three entities could be considered to form a single economic unit and therefore form a single undertaking for the purposes of article 101FEU.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Board minutes of a public/private joint venture confidential and commercially sensitive – Panopticon

“Joint ventures between the public and private sectors are increasingly common. They are often a focus for vigorous political debate over issues such as the costs involved, the savings to the public purse, the profit to the private sector partner, and allegations of conflicts of interest. While those are political arguments on which Tribunals take no view, they do point to the significant public interests that are engaged when considering access to information. So said the Tribunal in David Orr v IC and Avon and Somerset Police Authority (EA/2012/0077), a recent decision notable for grappling with access to information about such a public/private joint venture.”

Full story

Panopticon, 11th October 2012

Source: www.panopticonblog.com

Steinberg heirs in high court battle with bookmaker Stanleybet – The Guardian

Posted July 11th, 2011 in gambling, guarantees, joint ventures, news by sally

“The children of the late tycoon Lord Steinberg are fighting the rump of their father’s Stanley Leisure gambling empire in a multimillion-pound case at the high court in London.”

Full story

The Guardian, 10th July 2011

Source: www.guardian.co.uk

Competition Commission casts doubt on broadcasters’ online shop- OUT-LAW.com

Posted December 4th, 2008 in competition, joint ventures, media, news by sally

“The Competition Commission has provisionally concluded that a proposed joint venture among the UK’s biggest broadcasters will restrict competition in the supply of video on-demand (VOD) services in the UK.”

Full story

OUT-LAW.com, 3rd December 2008

Source: www.out-law.com

Competition Commission delays web TV investigation – OUT-LAW.com

Posted August 12th, 2008 in competition, joint ventures, news by sally

“The Competition Commission (CC) has extended the deadline for its investigation into a joint venture between the UK’s main broadcasters into next year. It has said that it will not be able to complete its inquiry by the initial date of 14 December.”

Full story

OUT-LAW.com, 11th August 2008

Source: www.out-law.com

Kangaroo referred to Competition Commission – The Guardian

Posted June 30th, 2008 in competition, joint ventures, media, news by sally

“The Office of Fair Trading has today referred Kangaroo – the proposed video-on-demand joint venture between BBC Worldwide, ITV and Channel 4 – to the Competition Commission.”

Full story

The Guardian, 30th June 2008

Source: www.guardian.co.uk