What the Crypto Winter means for insolvency

There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. These include the US Chapter 11 and Bahamas provisional liquidation of FTX as well as the US Chapter 11 filings of BlockFi, Singapore-based crypto hedge fund ThreeArrows Capital, US-based lender Celsius Network, … Read more

Anti-suit injunction granted restraining proceedings in an EU member state

The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: Ebury Partners Belgium SA/NV v Technical Touch BV, Jan Berthels [2022] EWHC 2927 (Comm). This appears to be one of the first cases post-Brexit in which an anti-suit injunction has been granted by an English … Read more

Commercial litigation podcast series – Episode 16: General update

In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors … Read more

Managing risk: A disputes perspective (2022)

Our annual disputes client conference, held on Tuesday 22 November, was chaired by partner and global head of our insurance disputes practice Paul Lewis. The conference explored some key legal and compliance risks facing major corporates in the current global environment, and how those risks can be mitigated. Sessions looked in particular at risks relating … Read more

Contractual duties of good faith: Court of Appeal confirms context is king

The Court of Appeal has allowed an appeal against a finding that the majority shareholders of a company had engaged in unfairly prejudicial conduct by removing from office two directors with minority interests, in a case which provides important clarification around the scope and construction of contractual provisions obliging the parties to act in good … Read more

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

The Court of Appeal has upheld a decision of the High Court to strike out a claim by the former shareholders of a dissolved company against an investor on the basis that all the losses claimed were barred by the reflective loss principle: Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943. As a … Read more

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic conflict of laws rules indicate that the contribution claim in question is governed by English law: The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GmbH [2022] … Read more