When does an agency relationship arise? Agency is an arrangement under which a principal appoints an agent to act at its direction for specified purposes. In particular,...
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008, a company could not...
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008, a company could not...
This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a director, the likely...
This Practice Note identifies, from a practical perspective, the initial factors to consider where an irreconcilable conflict arises between parties to a joint venture...
A guide to specific terminology used in this Practice Note is provided—see below. What is a derivative claim? A derivative claim (or derivative action) is a claim brought...
The nature, main types and main uses of financial derivatives are summarised in Practice Notes: The nature of financial derivatives and Types of derivatives. Derivative...
Who is a fiduciary? There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are...
This Practice Note identifies the key practical considerations when faced with a potential joint venture (JV) dispute. It is relevant to all forms of JV structure, with...
For the key terminology used in respect of a just and equitable winding-up petition, see Practice Note: Just and equitable winding-up—what it is and when to use it—Key...
A guide to specific terminology used in this Practice Note is provided—see below. What is a just and equitable winding-up under s 122(1)(g) Insolvency Act 1986? A...
This Practice Note identifies the key factors that you should consider when advising a client where an issue or potential dispute has arisen in the operation of a joint...
This Practice Note considers the scope of the reflective loss rule. It addresses the background to and implications of the rule against reflective loss with reference to...
This Practice Note summarises a number of key and/or illustrative cases relevant to the rule against reflective loss. For further guidance on the background to and...
This Practice Note sets out certain key cases and associated analysis relevant to derivatives practitioners. The cases are divided by topic area and include: •...
This Practice Note considers how to pursue a breach of warranty claim in the context of warranties provided in a sale and purchase agreement (SPA) (also known as a share...
For the key terminology used in respect of unfair prejudice petitions, see Practice Note: Unfair prejudice petition—what is it and when to use it—Key terms. Preliminary...
What is an unfair prejudice claim (a section 994 petition)? An unfair prejudice petition is a statutory remedy available to shareholders of a company now provided for by...