Lord Leggatt, What is the point of commercial law? – Supreme Court
‘Lord Leggatt, What is the point of commercial law?’
Supreme court, 2nd November 2021
Source: www.supremecourt.uk
Category: company law
Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB
‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’
3PB, 15th October 2021
Source: www.3pb.co.uk
FCA wins appeal over action on Carillion collapse – Law Society’s Gazette
‘The Financial Conduct Authority does not need the permission of the insolvency court to take regulatory action against a company in liquidation, the High Court has ruled in a case concerning the “spectacular collapse” of construction giant Carillion.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog
‘The Appellant, a Lebanese company, entered into a Franchise Development Agreement with a Kuwaiti company, granting a licence to operate its restaurant franchise in Kuwait for ten years. In 2005, the company became a subsidiary of the Respondent. A dispute arose under the FDA and linked Franchise Agreements, which was referred to arbitration.’
UKSC Blog, 27th October 2021
Source: ukscblog.com
UK firms will have to disclose climate impact – BBC News
‘Some large UK businesses will have to start disclosing their environmental impact, under new rules set to be brought in by the Treasury.’
BBC News, 18th October 2021
Source: www.bbc.co.uk
Giving evidence “not a game”, judge tells expert witness – Legal Futures
‘An expert witness has apologised to the High Court after being told by a judge not to treat giving evidence in court “as a game”.’
Legal Futures, 28th September 2021
Source: www.legalfutures.co.uk
Company Law: What happens on the death of a shareholder? – Bloomsbury Professional Law Online Blog
‘According to the office of national statistics, sole proprietor businesses and partnerships are decreasing and the use of private limited companies is increasing. 72.5% of total UK businesses are either private or public limited companies – London remains the region with the largest number of such businesses with 19.2% of the UK total.’
Bloomsbury Professional Law Online Blog, 4th August 2021
Source: law.bloomsburyprofessional.com
The rise of ‘fire and rehire’ strategies in retail – Parklane Plowden Chambers
‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’
Parklane Plowden Chambers, 21st July 2021
Source: www.parklaneplowden.co.uk
‘Breathing space’ on contractual disputes – Law Society’s Gazette
‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’
Law Society's Gazette, 26th July 2021
Source: www.lawgazette.co.uk
Rights groups join forces to call for UK corporate accountability laws – The Guardian
‘Almost 30 organisations have joined forces to call for the UK to follow in the footsteps of its European partners by introducing corporate accountability laws requiring companies to undertake human rights and environmental due diligence across their supply chains.’
The Guardian, 4th July 2021
Source: www.theguardian.com
UK legislation proposed to tackle modern slavery – OUT-LAW.com
‘A private members’ bill seeking to address modern slavery, including establishing minimum standards of transparency in supply chains, has been introduced to the UK parliament.’
OUT-LAW.com, 22nd June 2021
Source: www.pinsentmasons.com
Giving staff legal right to work from home will ‘cause corporate chaos’, businesses warn – The Independent
‘Businesses have warned Boris Johnson’s government that any attempt to give employees the legal right to work from home would cause “chaos” in offices across the country.’
The Independent, 17th June 2021
Source: www.independent.co.uk
Law Commission seek views on corporate criminal liability – Law Commission
‘The Law Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.’
Law Commission, 9th June 2021
Source: www.lawcom.gov.uk/
Court sanctions Part 26A restructuring plan – Mills & Reeve
‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’
Mills & Reeve, 8th June 2021
Source: www.mills-reeve.com
The Cram Slam – Part 26A Restructuring Plans and Commercial Leases – Local Government Lawyer
‘David Nelson looks at the impact on landlords of a controversial High Court decision to allow a restructuring plan for a chain of health clubs.’
Local Government Lawyer, 28th May 2021
Source: www.localgovernmentlawyer.co.uk
Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers
‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’
Hardwicke Chambers, 11th May 2021
Source: hardwicke.co.uk
Public houses and the ACV regime: the latest rulings – Local Government Lawyer
‘Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation.’
Local Government Lawyer, 7th May 2021
Source: www.localgovernmentlawyer.co.uk
Profession: Expert Witness – Family Law
‘The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or in dissolution settlements. Since the business valuation may be the most significant component of the total matrimonial assets, it needs to be ascertained with care, normally with expert assistance, in order to achieve a fair division of family wealth on divorce.’
Family Law, 6th May 2021
Source: www.familylaw.co.uk
UK company law change could make section 172 fit for purpose – OUT-LAW.com
‘A relatively small change to section 172 of the UK’s Companies Act 2006 could have a transformative impact on company law, directors’ duties, corporate governance, businesses and, ultimately, the economy, society, and the environment.’
OUT-LAW.com, 20th April 2021
Source: www.pinsentmasons.com
Very large organisations could see fines for health and safety offences double – OUT-LAW.com
‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’
OUT-LAW.com, 16th April 2021
Source: www.pinsentmasons.com
