A High Court decision this week will bring relief to directors who face the challenge of balancing action on climate change risks with other business priorities. The Court has rejected an application by an NGO, ClientEarth to bring a shareholder (derivative) action against Shell’s directors, alleging that they had failed to fulfil their legal obligations […]
What was the background? In a fraud claim by Loreley Financing against Credit Suisse Securities this year, Credit Suisse advanced limitation defences and focussed on two German banks, contending that all decisions made by Loreley were actually being made by the banks – they were pulling the strings. Credit Suisse served a request for further […]
Businesses are often faced with the difficult position of employees leaving who may be in possession of confidential material and trade secrets. There is a risk that current or former employees (and/or directors) may seek to use that material to their advantage, for example, by competing with their former employer. When faced with that scenario, […]
With Supply Chains under stress, consumer confidence at a low ebb, retailers looking to build favourable like for likes in challenging times… what does the planning for and delivering of Black Friday and peak trading look like from the trenches? Hosted by Freeths, our panel speakers will share their direct hands-on experience of working on […]
How cautious should you be in attempting a disclosure exercise on behalf of your organisation? Any untoward conduct by parties will be scrutinised throughout the duration of court proceedings, especially when the courts come to consider whether to make adverse costs orders at the end of a case. Trying and failing to get disclosure done […]
When acting for any person or business in a claim against their professional advisors, be they solicitors, accountants, or architects for example, it is often the advisor’s insurer that runs the defence. It is the insurer who will instruct solicitors and, ultimately, it is the insurer who will pay any award or settlement and determine […]
With record increases in the costs of raw materials, higher interest rates for borrowing and rapidly rising inflation, many businesses are coming under relentless supply chain pressure. In many contracts, especially long-term supply agreements or where there are lead times between orders and delivery, these issues can lead to tensions between buyers and sellers. Manufacturers […]
In a landmark judgment for company directors, the Supreme Court has clarified the scope of the so-called “Creditor Duty” and when this duty will be triggered, in the case of BTI 2014 LLC -v- Sequana SA and others. This is particularly important in the current climate of financial instability and provides a ‘guiding light’ for […]
Overview of the Proceeds of Crime Act 2002 (POCA) Part 5 of POCA has provided an increased likelihood for investigating agencies undertaking civil recovery proceedings to recover property and/or assets which they believe are the proceeds of crime or criminal conduct e.g. money laundering. Civil recovery for investigating and enforcement agencies, is an alternative option […]
In February 2022, the Public Accounts Committee (“PAC”) published an update on the costs of the COVID-19 pandemic. PAC found that the Coronavirus Job Retention Scheme (“CJRS”) alone is anticipated to result in a loss of around £5.3bn due to fraud and error. This equates to 8.7% of all monies issued under the CJRS. PAC […]
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