Corporate and commercial disputes review

Publication | March 2018
Corporate and commercial disputes review

Welcome to the latest edition of Corporate and commercial disputes review.

In this edition, we feature several emerging trends which are of key interest to our corporate clients in all industries. We focus on M&A disputes, claims against parent companies for the actions of their subsidiaries and the latest developments in relation to legal professional privilege.

A further, and perhaps surprising, trend is the recent run of cases concerning intention to create legal relations. We look at attempts to argue that binding contracts have been entered into in informal settings and lessons that this may have for the conduct of business.

We also review three recent Supreme Court decisions on the scope of professional negligence liability.

We examine the balance between public interest and commercial exploitation in the context of protecting shareholder information.

Finally, we examine new procedures for expedited arbitrations and the extent to which they will be appropriate for corporate disputes, and consider the topic of anti-suit injunctions.

In this issue:

After the deal: recent cases and trends in M&A disputes

Recent M&A disputes have covered not only breach of warranty, indemnity and price adjustments issues, but also tax covenants and claims of fraud.

March 2018

When can a company be liable for the actions of its subsidiary?

In two recent cases, the Court of Appeal has considered important questions about when a parent company can be liable for the actions of its subsidiary.

March 2018

Recent developments in respect of scope of duty and causation of loss in professional negligence

A claimant alleging professional negligence will need to consider whether it will be able to establish loss which is legally recoverable from the defendant.

March 2018

When does “litigation” become sufficient to trigger litigation privilege?

The point at which an investigation becomes sufficiently adversarial to constitute “litigation” for litigation privilege purposes has long been a grey area.

February 2018

First principles of contract formation

This article examines three cases that considered the basic principles of contract formation in the context of informal discussions and meetings.

March 2018

Protecting shareholder information: the balance between public interest and commercial exploitation - Richard Charles Fox-Davies v Burberry Plc [2017] EWCA Civ 1129

Where is the balance to be struck between the public interest in knowing who owns a company and protection of the personal information of those who do?

March 2018

Exclusive jurisdiction agreements and anti-suit injunctions

The decision in Team Y&R Holdings Hong Kong Ltd v Ghossoub provides a useful reminder of the discretionary nature of anti-suit injunctions.

March 2018

Using fast track arbitration for resolving commercial disputes

To address the need for time and cost-efficient dispute resolution, most arbitral institutions have adopted a fast track option in their arbitration rules.

March 2018


Antony Corsi

Antony Corsi