Tag Archives: High Court

ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION

The court granted a stay of proceedings under section 9 of the Arbitration Act 1996, finding a reference to “court” in the underlying contract to be a reference to the London Court of International Arbitration. The case is a reminder …

Posted in Shorter Reads | Tagged , , , | Leave a comment

Good faith’s relationship with the relational contract – new guidance

What is a relational contract? A relational contract in this context is one which has implied good faith obligations. The concept of and conditions for generally implying terms into a contract (other than by legislation) is firmly cemented in English …

Posted in Longer Reads | Tagged , , | Leave a comment

Islamic marriage ceremony ruled as void marriage

In what is being described as a “landmark” ruling, the Court of Appeal overturned a High Court judgement last week (14/02/20), ruling that a religious Nikah ceremony is a void marriage. The case relates to the separation of Nasreen Akhter …

Posted in Shorter Reads | Tagged , , , , , , | Leave a comment

High Court rules investors have sufficient interest in Tesco PLC securities to be able to make a claim

On 28 October 2019, the High Court dismissed a strike-out application that Tesco PLC made arguing that the £600m shareholder group action brought against it by investors about its false accountancy scandal in 2014 should fail because the shares were …

Posted in Longer Reads | Tagged , , , , , | Leave a comment

English court refuses permission to turn over witness statements to FBI

In ACL Netherlands BV & Ors v Lynch & Hussain [2019] EWHC 249 (Ch), the High Court has recently declined a party’s request for permission to disclose witness statements and other documents obtained in the course of ongoing UK proceedings. Such …

Posted in Longer Reads | Tagged , , | Leave a comment

CLO Manager not entitled to Incentive Fee on optional redemption

The claim was brought by Deutsche Trustee Company Limited (the “Trustee”) in order to determine the correct interpretation of the bond documentation in which Barings (UK) Limited (the “Collateral Manager”) claimed to be entitled to over €15 million in the …

Posted in Longer Reads | Tagged , , , | Leave a comment