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The Courts in England and Wales have long been renowned as stable, specialist institutions in which companies can litigate complex commercial matters. The recent cases of Jones v Persons Unknown [2022] EWHC 2543 (Comm) and LMN v Bitflyer Holdings Inc [2022] EWHC 2954 (Comm), illustrate that the Judiciary is alive to the need to provide legal […]
11 October 2022 – French Criminal Division of the Court of Cassation provided a landmark ruling on evidence from hacked EncroChat. It could affect hundreds of criminal investigations, prosecutions, and investigations in the UK. “If you have any questions regarding this article or require any advice relating to this article, please contact Eldwick’s Senior Partner, […]
How can you safeguard your rights as a minority shareholder? A shareholder application to court in cases of unfairly prejudicial conduct (s.994 CA 2006) Commonly known as an unfair prejudice petition, a member of a company may make a petition to the court for relief where: the affairs of the company are being or have […]
People planning to contest account freezing orders (AFOs) will welcome the recent High Court decision in National Crime Agency v Westminster Magistrates Court, 2022 EWHC 2631 Admin where Justice Rowena Collins Rice upheld a challenge by Ingliston Management Ltd (IML) and Lodge Security Team Ltd (LST), who managed the UK personal finances of a Russian oligarch, Petr Aven, whose […]
As Heraclitus said: “There is nothing permanent except change.” Every innovation is met with suspicion if not derision. Planes and trains were seen as the work of the Devil, whilst some wanted the car outlawed- ironically the very early vehicles were battery not gasoline powered. There was marked antipathy to UK commercial TV when launched […]
BBC sitcom Only Fools And Horses might have broadcast its last episode almost two decades ago, but that hasn’t stopped Del Boy and co from having their day in court. The Intellectual Property Enterprise Court case of Shazam Productions v Only Fools the Dining Experience [2022] EWHC 1379 IPEC is notable for stating for the […]
If a director breaches these duties, it may be possible for shareholders to bring a claim. Contact one of our solicitors. [contact] What are the directors’ duties? The general duties of a company director are found in sections 171-177 of the Companies Act. They are: A company director must act per the company’s constitution and […]
In April 2022, Swiss prosecutors announced that they would release around 400 million Swiss francs which had been frozen in a Swiss bank account for several years. The money belonged to five unidentified people who were being investigated by Swiss authorities on suspicion of money laundering. The original investigation concerned 14 people, among them members […]
The Supreme Court has handed down its long-awaited judgment, which as Lord Reed noted, considered issues that go to the heart of our understanding of company law and are of considerable practical importance to the management of companies. Background to the Appeal In May 2009, the directors of a company called AWA caused it to […]
