Articles - DAC Beachcroft

Articles

2016

The Consumer Protection Act revisited - new light on defective products

The Consumer Protection Act revisited - new light on defective products

For 15 years, the most thorough examination of when a product is defective, pursuant to the Consumer Protection Act 1987 ("the CPA"), was the judgment ...

Banking & Finance Disputes Journal - December 2016

Banking & Finance Disputes Journal - December 2016

DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory ...

International swaps and restitution – when can parties recover payments made under invalid or null and void swaps?

International swaps and restitution – when can parties recover payments made under invalid or null and void swaps?

Dexia Crediop SpA v Commune di Prato In the latest in a series of disputes arising out of interest rate swap transactions entered into with Italian mu ...

Beware the prospect of Unexplained Wealth Orders

Beware the prospect of Unexplained Wealth Orders

The Criminal Finances Bill (the "Bill"), which was introduced to the House of Commons on 13 October 2016, contains a new "unexplained wealth order" (" ...

Noteholders entitled to declaration that restructuring of a separate debt amounts to an event of default under the notes

Noteholders entitled to declaration that restructuring of a separate debt amounts to an event of default under the notes

Fomento De Construcciones Y Contratas SA v Black Diamond Offshore Ltd (Court of Appeal hearing) The Court of Appeal has rejected an appeal brought by ...

Lehman Brothers International (Europe) (in administration) (“LBIE”) v Exxonmobil Financial Services BV (“EMFS”) [2016] EWHC 2699 (Comm), 28 October 2016

Lehman Brothers International (Europe) (in administration) (“LBIE”) v Exxonmobil Financial Services BV (“EMFS”) [2016] EWHC 2699 (Comm), 28 October 2016

Fomento De Construcciones Y Contratas SA v Black Diamond Offshore Ltd (Court of Appeal hearing) “Close of business” is a standard expression often use ...

Competition and Markets Authority ("CMA") secures disqualification of a director under the Companies Directors Disqualification Act 1986 ("CDDA")

Competition and Markets Authority ("CMA") secures disqualification of a director under the Companies Directors Disqualification Act 1986 ("CDDA")

Sections 9A-9E of the CDDA (as amended by the Enterprise Act 2002), which came into effect on 20 June 2003, gives the CMA the ability to apply to the ...

Defendants successfully apply for discharge of ex parte Worldwide Freezing Order and dismissal of claim

Defendants successfully apply for discharge of ex parte Worldwide Freezing Order and dismissal of claim

On 8 November 2016, judgment was delivered in PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816 (Comm). In his judgment Picken J provided a detail ...

Unfair dismissal: gardening leave and small mistakes undermine fair procedure

Unfair dismissal: gardening leave and small mistakes undermine fair procedure

In this case, the EAT considered an appeal against a finding that a redundancy dismissal was fair although the process had been "perfunctory" and "ins ...

Unfair dismissal: "manifestly inappropriate" final written warning

Unfair dismissal: "manifestly inappropriate" final written warning

In this case, the EAT considered when a tribunal should revisit earlier warnings in unfair dismissal claims, and the impact of taking a "manifestly in ...