<p>Filter Knowledge</p>

Welcome to the third episode in our series of podcasts exploring the people aspects of ESG.

Welcome to the second episode in our series of podcasts exploring the people aspects of ESG.

Dispute Resolution Partner Joe Moore and Dispute Resolution Senior Associate Imogen Nolan have contributed to ThoughtLeaders4 Competition Law & Litigation Magazine. Their article, 'Compounding Interest – where to next for CPOs?' was first published in Issue 4 of the magazine and can be viewed below.

Fraudulent trading is both a civil and criminal offence. The recent judgment of the High Court in Bouchier v Booth provided a helpful reminder of the principles that a Court will apply when considering whether directors have acted in a manner that constitutes fraudulent trading and the high threshold for proving fraudulent conduct.

Introduction

Summary

A recent judgment of the Court of Appeal has clarified four important principles relating to the scope of legal professional privilege.

In a landmark ruling, the UK Competition Appeal Tribunal has approved a settlement for the first time since the collective proceedings regime was introduced in 2015. The settlement relates to the 'roll on roll off' (RoRo) claim, following-on from the European Commission's 2018 infringement decision against several shipping firms.

Partner Rob Fell, Senior Counsel Michele Cheng and Knowledge Counsel Hannah Walker, in Travers Smith's Dispute Resolution Team, have authored a chapter entitled 'Parallel Civil Litigation – The UK Perspective' in GIR's 'The Practitioner's Guide to Global Investigations – Edition 8'.

Welcome to the latest edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.

Dispute Resolution Partner Joe Moore and Dispute Resolution Senior Associate Tim Knight have contributed to ThoughtLeaders4 Competition Law & Litigation Magazine. Their article, 'Are the courts passing on category (iii) mitigation defences?' was first published in Issue 3 of the magazine and can be viewed below.

In Project Angel BidCo Ltd (in administration) v Axis Managing Agency Limited the Commercial Court made clear that to the extent any warranties included in an SPA are identified in an appendix to a W&I policy as being covered (in principle) by the W&I insurer, this remains subject to the wider terms and conditions of the W&I policy including any relevant exclusion clauses.

Last month the Court of Appeal handed down its judgment in Hotel Portfolio II UK Limited v Ruhan and others [2023] EWCA Civ 1120. This case deals with several, complex legal issues concerning the availability of equitable compensation against an individual who has provided dishonest assistance in a breach of fiduciary duty in circumstances where the breaches of fiduciary duty in question are properly to be categorised as a "single and uninterrupted course of conduct". 

Welcome to the inaugural edition of our investigations newsletter, bringing you up-to-speed on the latest trends and developments in this ever-evolving area. 

Our regular round-up of recent and forthcoming developments in law and practice for in-house counsel.

Travers Smith LLP has announced today the election of Andrew Gillen as the firm’s new Senior Partner with effect from 1 January 2024. Andrew will succeed Siân Keall who has held the post of Acting Senior Partner since early 2023.

A recent decision by Constable J of the High Court in a negligence claim has examined the scope of a valuer's duty of care. Applying the scope of duty test handed down by the Supreme Court in MBS v Grant Thornton UK LLP, Constable J has ruled that the purpose of the Defendant's valuation in this case, although critically important, was not to provide the only "green light" needed for a loan transaction to proceed.

In its judgment of 26 July 2023[1], the Competition Appeal Tribunal ("CAT") considered the applicability of the European Court of Justice's ("CJEU") decision on limitation in Volvo AB and DAF Trucks NV v RM[2] ("The Volvo Decision") to the claims brought in both the Umbrella Interchange Fee Litigation and the Merricks Collective Proceedings. 

Dispute Resolution Partner Joe Moore and Dispute Resolution Associate Emma Gittings have contributed to ThoughtLeaders4 Competition Law & Litigation Magazine. Their article, 'Less haste more speed?' was first published in Issue 2 of the magazine and can be viewed below.

This article was first published in the Oct-Dec 2023 edition of Corporate Disputes Magazine