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Posted in Commercial

Reflections on Secretary of State for Health v Servier Laboratories Ltd: Keeping economic torts within their proper bounds

On 2 July 2021, a seven-judge panel of the UK Supreme Court handed down its judgment in Secretary of State for Health v Servier Laboratories Ltd[1] (“Servier”). The appeal concerned the tort of causing loss by unlawful means (the “unlawful means tort”). This is one of a number of economic…

Posted in Commercial Company

Issues in Unfair Prejudice Petitions 1: What constitutes conduct of the company’s affairs?

In this series of blog posts, Anna Lintner analyses aspects of unfair prejudice petitions. Section 994(1) of the Companies Act 2006 provides a mechanism for obtaining relief where a shareholder can establish that: (a) “the company’s affairs are being or have been conducted in a manner that is unfairly prejudicial…

Posted in Arbitration Commercial Construction

SAAMCO Realigned: Scope of Duty and Recovery of Damages for Economic Loss

The extent of the responsibility assumed by a professional adviser, and the extent of their liability if they fail to act with reasonable care, have been the subject of many a dispute between professional advisors and their clients. The judgment of the UK Supreme Court in Manchester Building Society v…

Posted in Arbitration

The New York Convention 1958 Through the Looking Glass in 2021

Adapted from a paper given to the Caribbean Branch of the Chartered Institute of Arbitrators Triennial conference on 28 May 2021 Introduction I’ve always had plenty to say about the New York Convention. I am reminded daily in the course of my work in the law and frequently by my…

Posted in Commercial European Law

“No Go Lugano”: The EU Formally Withholds its Consent to the UK Joining the Lugano Convention 2007

The European Commission has formally rejected the UK’s application to accede to the Lugano Convention on jurisdiction and the recognition and enforcement of civil and commercial matters that was concluded in Lugano on 30 October 2007. The current Contracting Parties are the EU, Denmark, Norway, Switzerland and Iceland. The UK…

Posted in Commercial

ERP software disputes: common pitfalls

Multinational organisations spend significant money and resources on enterprise resource planning (“ERP”) software, such as SAP or Oracle, which automates or streamlines processes in operations, finance and human resource departments. Although ERP software can be supplied off-the-shelf, most customers seek adaptations and some may commission a bespoke product. The level…

Posted in Construction

Yuanda and establishing and ascertaining under the ABI model form of UK performance bond: Conceptual and practical challenges (part one)

In this two part series, Alexandra Bodnar and James Bradford explore the recent decision in Yuanda (UK) Company Limited v Multiplex Construction Europe Limited [2020] EWHC 468 which has the potential to shake up the UK construction performance bonds market with its conclusion that an adjudicator’s decision is sufficient ‘to…

Posted in Arbitration

The Proper Law of an Arbitration Agreement Part Two: Muddle Resolved? – A deep dive into Enka v Chubb [2020] UKSC 38

On 9 October 2020, the Supreme Court handed down its much-awaited decision in Enka v Chubb [2020] UKSC 38, in which the central issue was how an arbitral tribunal applying English law should approach the issue of determining the proper law to be applied to questions arising in relation to…

Posted in Costs

All-In or All-Out? Global Energy Horizons Corporation v The Winros Partnership

Global Energy Horizons Corporation v The Winros Partnership (formerly Rosenblatt Solicitors) [2020] 8 WLUK 247 (SCCO Ref: JJ1602737, Master James, 20/08/20) This case provides an example of a solicitor-client fall-out on an epic scale. Back in December 2016, I recall a year in which the candle appeared to have been…

Posted in Commercial

Abandoning existing procurements without contract award

The current global Covid-19 pandemic has thrown into sharp relief the legality of abandoning existing procurements without proceeding to contract award. This may be relevant to contracting authorities for reasons including; a sudden drop in demand for certain services or products, re-allocation of tight budgets to emergency spending, and pausing…