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Re Compound Photonics Group Ltd: Shareholders' Agreements and duties of good faith

In our Dispute Resolution 2022 Yearbook, we discussed the recent trend whereby minority shareholders rely on claims for breaches of a duty of good faith as the basis for an unfair prejudice petition. In this case, in the context of such a petition, the Court of Appeal construed an express duty of good faith in a shareholders' agreement, and provided some guidance as to the approach to interpreting such clauses.

Human Rights – time to refresh your corporate policies and procedures?

As legislators and regulators increase their focus on human rights and good governance, the UN Principles for Responsible Investment ("UNPRI"), an international organisation that works to promote the incorporation of environmental, social and governance (ESG) factors into investment decision-making, announced at the end of last year the creation of a new collaborative stewardship initiative, Advance.

FTX: A matter of trust

A failure of trust?

Trust has been a key theme that has emerged in crypto in 2022. Going back to the original Bitcoin "White Paper"1, the very stated purpose of crypto and blockchain technology was to transcend a "trust based model" of the traditional financial system to enable payments – and later, with the development of smart contract platforms such as Ethereum, more complex transactions – to be entered into and executed without reliance on trust in counterparties and intermediaries, those being replaced by code and distributed consensus.

Scanning the Real Estate horizon: look before you leap!

In this briefing we look at some of the key changes to law and practice that we anticipate taking place in 2023 which will affect the real estate sector, focussing on real estate development, real estate investment, real estate M&A, real estate occupiers, the senior living sector and the private rental sector.

Court of Appeal clarifies the ambit of litigation privilege in Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd

The appeal concerned two issues. The first issue was the scope of litigation privilege – the respondent defendants ("the Bank") sought to know which individuals were authorised to give instructions in relation to the proceedings on behalf of the appellant claimant ("Loreley"). Loreley claimed that this information was privileged.

High Court orders "mass disclosure": parties only to exclude unequivocally irrelevant documents

In a recent judgment given in the context of a case involving competition and intellectual property claims, Mr Justice Marcus Smith adopted a striking and unconventional approach to disclosure, placing the burden of a relevance review on the receiving party, not the disclosing party. Having originally ordered the parties to follow the "standard" PD51U (now PD57AD) disclosure model, the judge subsequently replaced this with a regime where the parties were required to conduct a disclosure review, targeted not at the identification and disclosure of relevant documents, but at the narrow exclusion of unequivocally irrelevant, and privileged, documents, with all other documents to be provided for inspection.

Online sales: do countdown timers break consumer law? - CMA investigates Emma Sleep

The Competition Markets Authority (CMA) is investigating whether online mattress and bed seller Emma Sleep has breached consumer law by making misleading claims about urgency, including the use of countdown timers for discounted deals. This investigation may be the start of a wider crackdown by the CMA on potentially harmful online selling practices.

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