Risk of criminal and civil proceedings running in parallel

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Related briefings

Court of Appeal allows Sainsbury’s appeal

In a landmark judgment on private actions for damages for infringement of competition law, the Court of Appeal has clarified the law in this field, reconciling considerable differences in the approach taken to multilateral interchange fees in cases before the Competition Appeal Tribunal and Commercial Courts. On the central question in issue, the Court allowed […]

Commercial Court dismisses claim by SPV associated with Robert Tchenguiz

On 29 June 2018, following a three-week trial, the Commercial Court handed down its judgment in the high-profile proceedings between Edgeworth Capital (Luxembourg) S.à.r.l. v Aabar Investments PJS. Edgeworth is a Luxembourg SPV associated with the well-known businessman Robert Tchenguiz. Aabar is an Abu Dhabi investment company, which is now wholly owned by Mubadala Investment […]

Rectification of the terms of a private equity financing transaction

Terra Firma has successfully obtained rectification of the terms of a private equity financing transaction completed in 2012, concerning the Four Seasons care homes business [FSHC Group Holdings Limited v Barclays Bank Plc]. The transaction required the Parent company to provide security over a particular shareholder loan which was part of the overall funding package. […]

Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

Latest Briefings

The Commercial Agents Regulations: a step behind the times?

By Alex Williamson The Commercial Agents (Council Directive) Regulations 1993 (the Regulations) are 25 years old this year. An evaluation by the European Commission concluded in 2015 that the underlying Commercial Agents Directive (the Directive) still met its objectives and functioned well. However, a recent Court of Appeal decision has shown that the legislation is struggling to […]

Exclusion clauses under the spotlight: UCTA reasonableness

By Perran Jervis In decisions handed down one day apart, the Court of Appeal concluded that a far-reaching exclusion clause which limited liability for negligence was reasonable under the Unfair Contract Terms Act 1977 (UCTA), whereas an exclusion clause in a lease (in the form of a non-reliance clause) was not. The decisions emphasise that […]

Currency, cost calculations and contractual clarity

Walker Morris’ Head of Commercial Dispute Resolution, Gwendoline Davies, highlights the importance of dealing comprehensively and clearly with matters of currency and calculation in cross-border contracts…

Belgian draft Trade Secrets Act: opportunities for the life sciences sector

On 8 June 2016, the EU Trade Secrets Directive was adopted. The main purpose of the Directive was to harmonise and enhance the protection of trade secrets EU-wide and to thus create an innovation-friendly environment for businesses. The EU Member States had to implement this Directive by 9 June 2018. Belgium missed the deadline, but […]

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Vischer successfully defends client in an ICC arbitration

In a three-party ICC arbitration concerning the financing of an international project contract, Thomas Weibel, Claudia Walz, and James A. Nickovich successfully defended their client against allegations of corruption and claims for substantial payments. The arbitral tribunal followed the arguments of the two respondents and fully rejected the all claims.

Record quarter for Manchester corporate team

The corporate team at Shoosmiths Manchester is on track for a record year, having advised on deals worth more than £300m in The national firm, which is building a Northern hub of legal expertise for clients, has a team of eight in Manchester, including three partners, Karen Procter, Tim Jackson-Smith and Andrew Millar, who joined […]

Bär & Karrer says farewell to Till Spillmann

Partner Till Spillmann has decided to leave Bär & Karrer. With his departure, Bär & Karrer is losing an excellent and successful attorney and a former managing partner. Daniel Hochstrasser, senior partner, comments: “We are sad to see Till leaving and pursuing a different career, but are extremely grateful to him for his extraordinary contribution […]

Conyers awards Hong Kong commercial law prize

Avant Capital Management chief financial officer Ivy Pan has been awarded the Conyers Dill & Pearman Prize in Commercial Law. Ivy is studying for an LLM in Compliance Regulation at the University of Hong Kong. Prior to this she obtained her LLM in Corporate and Finance Law. “Ivy is very deserving of this scholarship and […]

Thomas Cook expands hotel portfolio through Aldiana deal

Thomas Cook Group plc has acquired a 42 per cent stake in tour operator Aldiana from the Swiss investment company LMEY Investments.  Thomas Cook will enlarge its portfolio to 190 hotels and resorts in 17 countries worldwide. VIischer advised Thomas Cook as Swiss counsel. The team included under the lead of partner Dr. Benedict F. […]

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