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NEWS
Law360, London: A logistics company that lost its warehouse to the Taliban cannot claim US$41m from reinsurers because under the 'clear wording' of its policy it was not covered for loss caused by seizure, a London court ruled on 12 June 2024.
NEWS
Law360, London: A group of reinsurers has denied owing Bank of Utah US$9.5m over a jet engine allegedly stuck in Russia since the country's invasion of Ukraine, saying the claim is time-barred under Russian law.
NEWS
Law360, London: Reinsurers including American International Group (AIG) and AXA asked a London judge on 16 March 2026 to trim Chubb European Group SE (Chubb) and Fidelis Insurance Ireland DAC (Fidelis)' claims to cover their liability to aircraft lessors for planes stranded in Russia after the invasion of Ukraine, saying they should have brought their claims via subrogation.
NEWS
PI & Clinical Negligence analysis: In this claim for false imprisonment, assault and malicious prosecution, the trial judge had rejected the police version of events, but had dismissed the claimant’s claim for damages, on a basis that had not been pleaded or explored in evidence. On appeal to the High Court, the result in the false imprisonment and assault claims was reversed, and the police held liable in those claims. It was not open to the trial judge to have decided the case on a different basis from that on the pleadings or explored in evidence. Written by Stephen Simblet KC, barrister at Garden Court Chambers. Stephen led Daniel Grütters of 1 Pump Court Chambers in the claimant’s successful appeal.
PRACTICE NOTES
This Practice Note covers: • rejection of a creditor’s proof of debt by an office-holder • the rule against double proof, and • guarantees The rules applicable to proving a debt are found in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 14.2–14.25 regardless of whether the claim is made in administration, winding-up or bankruptcy. For key cases and associated relevant content, see Practice Note: Proof of debt—key cases. Rejection of proof Office-holders must endeavour to ascertain all the debts and liabilities of the insolvent and deal with all proofs of debt submitted to them by admitting them, rejecting them or calling for further evidence in support of them. The office-holder may admit or reject a proof of debt for dividend (in whole or in part). In adjudicating whether a proof is admitted or rejected, the office-holder acts in a quasi-judicial capacity which is not different from that of the court itself. In deciding whether to go behind a judgment debt and, if so, in appraising the validity
GLOSSARY
The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party.
GLOSSARY
The same members’ approval requirements under CA 2006, Pt 10, Ch 4 as those applicable in relation to loans to a director or their connected persons apply where a company: —is part of an arrangement under which a third person enters into a transaction that, had it been entered into by the company, would have required member approval under CA 2006, ss 197–201 and that third person obtains a benefit from the company or a body corporate associated with the company, or —arranges for the assignment to it, or assumption by it, of any rights, obligations or liabilities under a transaction that, if it had been entered into by the company, would have required such approval.
GLOSSARY
Under Chapter 11 of the Listing Rules, parties who are related to a listed company in connection with transactions undertaken with that company. They include a substantial shareholder; a person who is or was, in the 12 months before the transaction or arrangement, a director or shadow director of the listed company or of any other company which is (and, if they have ceased to be such, was while they were a director or shadow director of such other company) its subsidiary undertaking, parent undertaking or a fellow subsidiary of its parent undertaking; a person exercising significant influence (that is, a person or entity which exercises significant influence over the listed company); and an associate of any of the above.
GLOSSARY
A transaction (other than a transaction of a revenue nature in the ordinary course of business) between a listed company and a related party (eg an acquisition of an asset from a director, a loan to a director or a payment for loss of office), an arrangement pursuant to which a listed company and related party each invests in, or provides finance to, another undertaking or asset, or any other similar transaction or arrangement (other than a transaction of a revenue nature in the ordinary course of business) between a listed company and any other person the purpose and effect of which is to benefit a related party. Such transactions, which also typically trigger the provisions requiring shareholder approval under CA 2006, Pt 10, are specifically regulated in the context of listed companies via the provisions of Chapter 11 of the Listing Rules.
PRACTICE NOTES
This Practice Note looks at the regulatory requirements applicable to a company listed in the equity shares (commercial companies) category (also referred to as the commercial companies category) where it is carrying out a transaction which is a related party transaction under Chapter 8 of the UK Listing Rules, UKLR 8. References to a listed company in this Practice Note are to a company listed in the commercial companies category. Provisions in the Companies Act 2006 (CA 2006), the Disclosure Guidance and Transparency Rules (DTR) and the UK Market Abuse Regulation (Assimilated Regulation (EU) 596/2014) may also be relevant when a listed company enters into a related party transaction. In particular, there are controls that apply to UK companies generally under CA 2006, such as the provisions on substantial property transactions between a company and a director under CA 2006, s 190. For more information in relation to transactions with directors that apply to UK companies, see: Transactions with directors—overview and the section below on Transactions with directors—CA 2006. It should be noted
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories such as the shell companies, secondary listing and closed ended investment fund categories.  The UK Listing Rules sourcebook came into force to implement the changes and the Listing Rules sourcebook was revoked. For further information see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime prior to 29 July 2024 and has been retained for reference purposes. If a premium listed company (listed company) proposes to enter into a transaction with a ‘related party’ it must comply with the rules in Chapter 11 of the Listing Rules (LR) of the Financial Conduct Authority (FCA). In addition, the revised Shareholder
GLOSSARY
In relation to a receivable, any rights of the client as an unpaid vendor or provider of goods or services.