Implications of the Sequana decision for Directors and their advisers By Joe Bannister, Pippa Ellis The Supreme Court’s recent judgment in BTI v Sequana is a significant decision for the law of…
Accountancy experts must be objective and independent at all stages in litigation By Pippa Ellis Patricia Andrews v Kronospan affirms the court’s position on objectivity and impartiality and…
Opening the floodgates: Will the current increase in insolvencies result in more claims against Insolvency Practitioners? By Joe Bannister, Pippa Ellis The Autumn budget will have done little to ease the concerns of companies facing significant…
"Steady as we go?” Supreme Court clarifies, for the first time, when and how company directors owe a duty to a company’s creditors. By Giles Hindle, Joe Bannister, Jonathan Brogden, Pippa Ellis On 5 October 2022, the Supreme Court delivered its long awaited judgment in BTI 2014 LLC V Sequana…
Hague Convention Letters of Request / Letters Rogatory – recent case shows court’s approach By Julian Bubb Humfryes, John Bramhall, Pippa Ellis The recent case of Aureus Currency Fund and Credit Suisse Group AG v Mitesh Parikh provides a…
Will Unexplained Wealth Orders limit the influx of Russian money to the UK? By Pippa Ellis Following the alleged poisoning of the former Russian spy, Sergei Skripal and his daughter earlier…
The Supreme Court's landmark decision on No Oral Modification clauses By Laura Berry, Pippa Ellis The Supreme Court recently handed down its judgment in Rock Advertising Limited v MWB Business…
Banking & Finance Disputes Update - May 2018 By Jonathan Brogden, Pippa Ellis, Laura Berry, Julian Bubb Humfryes DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Banking & Finance Disputes Journal - March 2017 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Supreme Court rules on test for identification in respect of third party rights under s393 of the Financial Services and Markets Act 2000 ("the Act") By Jonathan Brogden, Pippa Ellis On 22 March 2017, the Supreme Court delivered its long awaited judgment in FCA v Macris [2017] UKSC…
The Insolvency Rules 2016 – improved outcome for creditors or debtors' charter? By Pippa Ellis The Insolvency Rules 2016 ("IR 2016") are due to come into force in England and Wales on 6 April…
Banking & Finance Disputes Journal - February 2017 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
D&O and Financial Institutions Newsletter - Winter 2017 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Declan Finn, Graham Ludlam, Anthony Menzies, Jonathan Brogden DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
First Director disqualified under Competition legislation By Pippa Ellis Sections 9A-9E of the CDDA (as amended by the Enterprise Act 2002), which came into effect on 20…
Property Alliance Group v RBS: The High Court dismisses all claims in its first major decision involving allegations of LIBOR manipulation (1) By Jonathan Brogden, Pippa Ellis In December 2016, the High Court (Financial List) handed down judgment in Property Alliance Group…
Banking & Finance Disputes Journal - January 2017 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Property Alliance Group v RBS: The High Court dismisses all claims in its first major decision involving allegations of LIBOR manipulation By Pippa Ellis In December 2016, the High Court (Financial List) handed down judgment in Property Alliance Group…
Banking & Finance Disputes Journal - December 2016 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Competition and Markets Authority ("CMA") secures disqualification of a director under the Companies Directors Disqualification Act 1986 ("CDDA") By Pippa Ellis Sections 9A-9E of the CDDA (as amended by the Enterprise Act 2002), which came into effect on 20…
Defendants successfully apply for discharge of ex parte Worldwide Freezing Order and dismissal of claim By Pippa Ellis On 8 November 2016, judgment was delivered in PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816…
Libyan Investment Authority v Goldman Sachs: Buyer's remorse By Pippa Ellis On 14 October 2016, judgment was delivered in The Libyan Investment Authority v Goldman Sachs…
Banking & Finance Disputes Journal - November 2016 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Accountancy Newsletter October 2016 By Richard Highley, Pippa Ellis, Martin Langley, Kevin Hawthorn, Giles Hindle, Ross Risby DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
The Illegality Defence – the new battleground (Accountants) By Richard Highley, Pippa Ellis In July 2016, a nine justice panel of the Supreme Court handed down judgment in Patel v Mirza…
D&O and Financial Institutions Newsletter - Autumn 2016 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Declan Finn, Graham Ludlam DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
The Illegality Defence – the new battleground (D&O Insurance) By Richard Highley, Pippa Ellis In July 2016, a nine justice panel of the Supreme Court handed down judgment in Patel v Mirza…
Three former Tesco directors plead not guilty to charges of fraud and false accounting By Pippa Ellis
Banking & Finance Disputes Journal - October 2016 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Banking & Finance Disputes Journal - August 2016 By Jonathan Brogden, Pippa Ellis DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Further fines imposed by the FCA for insider trading By Pippa Ellis On 15 July 2016, the FCA imposed a fine of £59,557…
Preliminary decision against FCA opens way for further action: Grout v FCA By Pippa Ellis In a recent decision of the Upper Tribunal, a preliminary issue has been decided against the FCA in…
Interest rates on non-contractual damages depend on the currency the loss was suffered in By Pippa Ellis The claimant, AS Latvijas Krajbanki, a Latvian bank, was given judgment at a previous hearing.
FCA thematic review puts dark pool trading in the spotlight By Pippa Ellis On 21 July 2016, the FCA published a report on its thematic review of the UK equity marketplace,…
FCA fines Towergate £2.6m for hole in client and insurer accounts By Pippa Ellis Towergate Underwriting Group Limited ("Towergate") is an insurance intermediary which holds both…
SFO takes steps to control the conduct of Corporate Investigations By Jonathan Brogden, Pippa Ellis On 6 June 2016, the SFO issued new guidance on the conduct of compelled interviews conducted under…
Former Schroders trader is jailed for two years for insider trading By Jonathan Brogden, Pippa Ellis In January 2013 Damian Frank Clarke ("Mr Clarke") a former equities trader at Schroders Investment…
Banking & Finance Disputes Journal - July 2016 By Jonathan Brogden, Pippa Ellis, Laura Berry DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Banking & Finance Disputes Journal - June 2016 By Jonathan Brogden, Pippa Ellis, Francesca Muscutt DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Judge in Financial List dismisses application to strike out parts of misselling and LIBOR manipulation claim By Pippa Ellis Diane & Michael Hockin/Lonwest V Royal Bank of Scotland plc and National Westminster Bank plc…
Banking and Finance Disputes Update - February 2016 By Laura Berry, Jonathan Brogden, Pippa Ellis DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Court upholds Serious Fraud Office procedures on seized privileged material By Pippa Ellis, Jonathan Brogden In the recent case of R (Colin McKenzie) v Director of the Serious Fraud Office ("SFO") , the…
Divisional Court dismisses application for judicial review against KPMG for alleged breaches of public law principles By Jonathan Brogden, Pippa Ellis Between March-May 2012, evidence of mis-selling of certain interest rate hedging products (IRHP's")…
The Commercial Court has granted summary judgment in favour of syndicated lenders, rejecting an attempt to bring the terms of a complex financial agreement within the ambit of the UCTA By Jonathan Brogden, Pippa Ellis African Export-Import Bank, Diamond Bank Plc and Skye Bank Plc ("the Lenders") –v- Shebah…
A small victory for Kazakhstan bank in its ongoing legal battle with its former chairman for US€4.6 billion: Court finds it does have a claim for conspiracy arising from breach of the bank's freezing order By Jonathan Brogden, Pippa Ellis As part of the ongoing litigation commenced by the Kazakhstan bank, JSC BTA Bank ("the Bank")…
Upper Tribunal addresses the question of the effect of a Decision Notice rejecting an application for full authorisation under Part 4A of the Financial Services Markets Act 2000 where interim permission is held By Jonathan Brogden, Pippa Ellis Prior to April 2014, the Applicant, a debt management firm, was authorised and regulated by the…
Tesco's woes continue having been reprimanded for its treatment of suppliers whilst still awaiting outcome of the SFO investigation and the threat of litigation by shareholders By Pippa Ellis Things have gone downhill for Tesco Plc ("Tesco") since it issued a profits warning in August 2014…
Accountancy Newsletter December 2015 By Richard Highley, William Naylor, Giles Hindle, Julian Miller, Pippa Ellis, Patrick Hill, Declan Finn, Ross Risby, Suzanne Wharton DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
No continuing contractual duty to correct investment advice By Pippa Ellis, Richard Highley The recent High Court decision in Worthing and Another v Lloyds Bank Plc [2015] EWHC 2836 (QB) ,…
High Court agrees with SFO that Corporate Counsel do not have a right to attend s. 2 Criminal Justice Act "Compelled" Interviews By Pippa Ellis It is widely known that the commercial practices of Glaxo Smith Kline PLC ("GSK") are being…
On 26 March 2015, the Small Business, Enterprise and Employment Bill ("SBEEB") received Royal Assent. By Pippa Ellis Once in force, the Small Business, Enterprise and Employment Act ("the Act") will impact upon…
Barclays found guilty of misusing client's confidential information to seal the deal for itself By Pippa Ellis, Jonathan Brogden DAC Beachcroft's Banking & Finance Disputes Journal focuses on events occurring within the…
Privy Council clarifies the circumstances in which a bank can be stopped from paying under a Letter of Credit: Alternative Power Solution Limited ("APS") v Central Electricity Board ("CEB") and Another [2014] UKPC 31 By Pippa Ellis, Jonathan Brogden DAC Beachcroft's Banking & Finance Disputes Journal focuses on events occurring within the…
The Enterprise Finance Guarantee Scheme: An update from the Regulator By Pippa Ellis, Jonathan Brogden Introduction The Serious Fraud Office ("SFO'") has announced that is aware of reports that loans…
"Additional Representations" in ISDA Master Agreement are enforceable by a bank despite the Defendant's lack of capacity By Pippa Ellis, Jonathan Brogden In Credit Suisse International ("CS") v Stichting Vestia Groep ("Vestia"), the High Court held…
Court of Appeal rules on the proper construction of a CHAPS Transfer Form: Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 By Pippa Ellis The Appellant, Tidal Energy Ltd ("Tidal"), was a customer of Bank of Scotland Plc ("BOS"), which in…
Banking & Finance Disputes Journal - July 2014 By Jonathan Brogden, Pippa Ellis Supreme Court holds that bribes and secret commissions received by an agent are held on trust for…
Banking & Finance Disputes Journal - May 2014 By Jonathan Brogden, Pippa Ellis FCA welcomes Court of Appeal decision in relation to legal aid ruling in R v Crawley & Others