The court ruling yesterday in Re Virgin Active Holdings Limited [2021] EWHC 1246 has paved the way for restructuring plans under Part 26A to the Companies Act 2006 (“RPs”) to be used to compromise the rights of landlords, financial creditors and other unsecured creditors provided the company shows that those creditors are “out of the … Read more

In a recent judgment following a split trial, the High Court held that it could not make a costs award until the outcome on quantum was known, because the defendant had made a Part 36 offer which did not relate solely to the issues that had been determined: Original Beauty Technology Co Ltd v G4K … Read more

In a recent decision, the High Court has declined to order Model E disclosure under the disclosure pilot, and has also held that data and documents on a server held by a company were not within the control of a director and a former director of that company (who were defendants to the action) so … Read more

In a recent decision, the High Court has confirmed that a Damages-Based Agreement, or DBA, will not be enforceable if it purports to entitle the legal representative to be paid a percentage of a benefit retained by a defendant to litigation, as opposed to a sum recovered in respect of the claim: Tonstate Group Ltd … Read more

In a recent decision, the Commercial Court has rejected a party’s witness evidence on a key issue, commenting that the fact the witnesses did not refresh their memories from contemporaneous documents meant their evidence was “far less likely to be reliable than it might otherwise have been”: Global Display Solutions Ltd v NCR Financial Solutions … Read more

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of consideration from an escrow account, as the purchaser’s claims had not been properly notified in accordance with the relevant contractual provisions: Arani & Ors v Cordic Group Ltd [2021] EWHC 829. … Read more

The European Commission has today released its anticipated communication to the European Parliament and the Council confirming the Commission’s view that the EU should not consent to the UK’s application to accede to the Lugano Convention. If this position is reflected in the EU’s formal response to the UK’s application, the UK will not be … Read more

In a recent decision, the Court of Appeal has followed last year’s Privy Council decision in Ciban Management Corpn v Citco (BVI) Ltd [2020] UKPC 21 (noted here) and confirmed that the Duomatic principle applies to beneficial shareholders, provided they are taking all of the decisions in the relevant transaction: Satyam Enterprises Ltd v Burton … Read more