The following Dispute Resolution practice note Produced in partnership with Mark Hubbard of New Square Chambers provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure that have been introduced as a result of the coronavirus (COVID-19) pandemic. For further information, see Practice Notes:
Coronavirus (COVID-19) implications for dispute resolution
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings
Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
For an overview on unfair prejudice petitions plus an illustration of the diverse range of factual scenarios and issues which can arise in respect of such claims, see Practice Notes:
Unfair prejudice petition—what is it and when to use it
Unfair prejudice petitions—key and illustrative decisions
Neither the petitioner nor the majority may properly use the company’s assets to fund litigation under section 994 of the Companies Act 2006 (CA 2006) (at least without the consent of all shareholders). Misuse of the company’s assets to fund the defence of a claim (for example by making loans to the majority for this purpose) may in itself amount to unfair prejudice, as indicated by the Court of Appeal in Jones v Jones. In that case, the Court of Appeal applied the test in American Cyanamid and found that the balance of convenience favoured restraining the company from incurring any expenditure
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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