Court Structure in UK Law
- Scottish Government Decides That Civil Court Fees Do Not Impede Access To Justice; No Substantive Change To Court Fee Structure
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Corporate Trustees and Cash Managers: can historic miscalculations and underpayments be an Event of Default? The English High Court’s first decision on CMBS Class X Notes
We now have the English High Court’s first judgment concerning the position of Class X Notes in a CMBS structure. The rights of the Class X Notes in the Windermere VII CMBS were considered by the C...... We now have the English High Court’s first judgment concerning the position of Class X Notes in a CMBS structure. The rights of the Class X Notes in the Windermere VII CMBS were considered by the Court in Hayfin Opal Luxco 3 S.A.R.L v Windermere VII CMBS plc ... ...
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English High Court reaffirms dominant purpose requirement for claims to litigation privilege
In the recent decision of The Financial Reporting Council Limited v Frasers Group Plc, the English High Court held that documents detailing advice received from accountants in respect of a company’...... ... v Frasers Group Plc1, the English High Court held that documents detailing advice received from accountants in respect of a company’s tax structure were not protected from disclosure by litigation privilege because they were not prepared for the sole or dominant purpose of litigation, ... ...
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To Be or Not to Be a Listed Building – Now That is a Valid Question
The Supreme Court has provided clarity and guidance on what constitutes a ‘building’ for the purpose of whether structures can be heritage listed, and has confirmed that when appealing listed build......The Supreme Court has provided clarity and guidance on what constitutes a ‘building’ for ... enforcement proceedings, this can include challenging whether a structure should have been included on the ‘list’. This decision raises a number ... ...
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Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud
To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim...... ... transaction involving an offshore structure? And when is a ... bank liable to compensate a victim of theft for ... Papadimitriou by the UK’s Privy Council (the court of final ... appeal for the UK’s overseas territories and Crown ... ...
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U.K. Court Approves Insurance Business Transfer Scheme
A court in the United Kingdom has approved the transfer of the entire long-term insurance business of Prudential Annuities Limited (PAL) to The Prudential Assurance Company Limited (PAC). The trans...... ... The transfer’s purpose was to simplify the corporate structure of Prudential UK’s business, improve the flexibility and efficiency of capital management, and facilitate Prudential’s response to regulatory ... ...
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No English jurisdiction over Nigerian oil pollution claims against Shell
In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria ...... In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its ... Royal Dutch Shell’s corporate structure mitigated against there being an arguable duty of care between it and the ... ...
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Blog: Part VII Transfers: UK Court makes an order affecting a New York excess & surplus lines trust
The Copenhagen Reinsurance Company (CopRe) asked the UK High Court to make an Order sanctioning the intra-group transfer of the whole of its (re)insurance business to the Marlon Insurance Company (...... ... The purpose of the transfer was to simplify the structure of the Enstar group. If the transfer was sanctioned, CopRe would be dissolved without winding up ... The Court had to resolve three legal ... ...
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Corporate Trust: English Courts Uphold No-Action Clause, Deliver Helpful Guidance on Responding to a Noteholder Direction
English courts are willing to uphold no-action clauses, which are commonly found in transactions involving a trustee structure, and will not be easily persuaded by noteholders that such note issuan...... ... , which are commonly found in transactions involving a trustee structure, and will not be easily persuaded by noteholders that such note issuance ... v Vivendi Holdings I Corp [2008] EWCA Civ 1178, the English Court of Appeal confirmed the effectiveness of no-action clauses in bond ... ...
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Who Needs Lawyers? The Online Court
...In England and Wales there is currently an ongoing civil court structure review, led by Lord Briggs, with the aim of reforms providing a modern, efficient and accessible civil dispute resolution service for all. "Modern, ... ...
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