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Interpreting W&I Policies – to exclude or not to exclude, that is the question…

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.

PSA Automobiles SA v Autoliv AB [2023] CAT 66 – The Competition Appeal Tribunal orders three Defendant groups to use one joint expert at trial

In a recent decision of the Competition Appeal Tribunal, the panel unanimously decided that three Defendant groups should not be given permission to instruct their own experts in the field of competition economics at trial and were instead given permission to instruct a single joint expert. Initially, the Claimants had not opposed the appointment of separate experts by each of the Defendant groups – the issue had been raised for consideration by the Tribunal itself.

Dishonestly assisting directors: Hotel Portfolio II UK Limited v Ruhan and others [2023] EWCA Civ 1120

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". 

The Energy Act 2023: a brave new world?

On 26 October 2023, the UK's Energy Act 2023 (the "Act") received Royal Assent, becoming one of the largest pieces of energy legislation in a generation. The Act was originally introduced in July 2022 by then Energy Secretary Kwasi Kwarteng as the 'Energy Security Bill'. The Energy Security Bill was reviewed following the resignation of Boris Johnson and Liz Truss before being re-tabled to the House of Lords on 12 December 2022 under its new name, the Energy Act.

QCA Publishes Revised Corporate Governance Code

Last week the Quoted Companies Alliance (the "QCA") published its revised Corporate Governance Code (the "Revised Code"). The Revised Code will apply in respect of financial years beginning on or after 1 April 2024 and there will be a 12-month transition period (from 1 April 2024) during which companies will have additional flexibility to adjust to the provisions of the Revised Code.

Salaried members rules: the position for LLPs after BlueCrest

Emily Clark (Head of Asset Management) and Ian Zeider (Knowledge Counsel) have recently co-authored a Tax Journal article on the Upper Tribunal's decision in HMRC v BlueCrest Capital Management (UK) LLP relating to the application of the salaried members rules. In its decision, the Tribunal rejected HMRC’s restrictive interpretation of the exclusions from salaried member status.

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