Commercial Disputes Know-How Guides: Depositions
Hague Convention letters of request are an effective and common tool used by US litigants to obtain evidence and documents from potential witnesses in the UK where the witnesses are unwilling to give evidence voluntarily for US proceedings.
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Published 18 December 2023
COMMERCIAL DISPUTES
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Private equity/post M&A disputes
Often involving complex, cross-border issues, our team has a great deal of experience in resolving the full range of post-M&A disputes.
Published 11 July 2023
COMMERCIAL DISPUTES & MANUFACTURING & MERGERS AND ACQUISITIONS & PRIVATE EQUITY
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Commercial Disputes Know-How Guides: Authorised Push Payment (APP) Fraud
Authorised push payment (“APP”) fraud is reportedly the largest class of payment fraud in the UK. There may be the opportunity to obtain compensation under a voluntary banking code and to complain to the Financial Services Ombudsman (“FOS”) if compensation is not paid.
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Published 16 April 2023
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Commercial Disputes Know-How Guides: Shareholders’ Disputes
Shareholders disputes can arise for any reason, but common circumstances include a divergence of opinion for the future direction of the company or the unfair distribution of responsibilities between the parties.
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Published 16 April 2023
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Commercial Disputes Know-How Guides: Strike Out Applications
The purpose of an application to the court to strike out is the deletion of material from a party’s statement of case so that it cannot be relied on in the proceedings. If a whole statement of case is struck out, this should lead to the court giving judgment for the applying party.
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Published 9 April 2023
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Commercial Disputes Know-How Guides: Pre-Action Conduct
Under the Civil Procedure Rules 1998 (“the CPR”), a claimant is expected to take certain steps before issuing court proceedings, including exchanging information with the intended defendant, and attempting to settle the matter in dispute.
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Published 2 April 2023
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Commercial Disputes Know-How Guides: Breach of Warranty Claims (Share Acquisition)
Warranties are contractual statements of fact that are typically given by a seller to a buyer in a share purchase agreement (“SPA”) or other contract as one of the ways in which risk is allocated between parties in the acquisition of a target company (the “Target”).
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Published 2 April 2023
COMMERCIAL DISPUTES & MANUFACTURING
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Commercial Disputes Know-How Guides: Security for Costs
A party to proceedings (usually the defendant) may be able to obtain an order that another party (usually the claimant) provide security for its costs.
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Published 19 February 2023
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Commercial Disputes Know-How Guides: Force Majeure
Force majeure refers to events which are beyond the control of the parties to a contract such as war, epidemic, geological disaster or an act of god.
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Published 19 February 2023
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Commercial Disputes Know-How Guides: Summary Judgment
Summary judgment is a means by which the court can give judgment on a claim (or a particular issue within a claim) without the need for a trial.
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Published 19 February 2023
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Commercial Disputes Know-How Guides: Actions for Breach of Directors’ Duties
Directors are responsible for the management of a company’s business and so are subject to certain duties to safeguard the interests of the company.
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Published 29 January 2023
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Commercial Disputes Know-How Guides: Freezing Injunctions
Freezing orders are a severe injunction and are not available by right – the court will exercise its discretion in ordering them.
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Published 22 January 2023
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Commercial Disputes Know-How Guides: Orders in Fraud Proceedings
Disputes in which fraud is suspected involve from the outset important tactical considerations, including identifying, tracing and preserving assets against which to enforce subsequent court orders.
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Published 22 January 2023
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Commercial Disputes Know-How Guides: Repudiation of Contract
If a breach of contract is so serious that it can be said to go to the core of the contract and deprives the innocent party of the benefit of the contract, then it may be a repudiatory breach that gives the innocent party the option of treating the contract as terminated and seeking damages.
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Published 2 January 2023
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Commercial Disputes Know-How Guides: Antecedent Transaction Claims in Corporate Insolvencies
These claims are made under the Insolvency Act 1986 (“the Insolvency Act”) and are known as antecedent transaction claims.
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Published 17 December 2022
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Commercial Disputes Know-How Guides: Commercial Court Proceedings Flow Chart
This guide is a very brief outline only of the Court procedure.
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Published 4 December 2022
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