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1422 Results

Time's up: court has no jurisdiction to extend the period for accepting a Part 36 offer

In this decision, the court confirmed that it did not have the power to extend the "relevant period" for acceptance a Part 36 offer. In reaching that conclusion, Master Thornett gave some important reminders about how the Part 36 rules operate in practice, and how the court's approach to them, as a "self-contained code", will differ from its approach to other rules.

Is a rise in CDS defaults on the horizon?

The aftermath of the COVID-19 pandemic, the ongoing Russia/Ukraine conflict, and rising inflation and interest rates have exacerbated a slowdown in the world economy. Many borrowers have availed themselves of low-cost debt in the decade since the financial crisis, and some may encounter challenges in servicing or refinancing this debt in a harsher economic climate.

Looking to the Future: the new Financial Services and Markets Bill

The UK Government has published its much anticipated Financial Services and Markets Bill (the Bill),  previously touted by the former Chancellor as "Big Bang 2.0". The Bill as introduced may or may not be that, but it certainly includes a large number of substantial measures that will effect a major overhaul of the UK's regulatory framework for financial services. 

Parent company liability hurdles and "class actions": what comes next?

Since the Supreme Court's rulings in Vedanta Resources Plc v Lungowe [2019] UKSC 20 ("Vedanta") and HRH Emere Okpabi v Royal Dutch Shell [2021] UKSC 3 ("Okpabi"), much has been written about the potential impact these decisions may have on UK-domiciled businesses with foreign operations and, in particular, how they will assist claimants who wish to initiate large-scale group litigation. 

Final Orders: Are they final?

In AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 the Supreme Court has re-stated the principles to be applied when a judge is asked to revisit a judgment or final order before it has been sealed by the Court, where there has been a change in relevant circumstances in the meantime. 

10 frequently-asked-questions about the Economic Crime (Transparency and Enforcement) Act 2022 and the Register of Overseas Entities

Since the Government introduced the Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") in March this year, there has been uncertainty as to how overseas entities (or those who deal with them) should prepare for the introduction of the new Overseas Entities Register (the "Register").  Some of those questions have now been answered, as we explain below.

Supreme Court reinstates CAT's decision to award costs against the CMA in Pfizer and Flynn v CMA

On 25 May 2022 the Supreme Court handed down its judgment in Pfizer and Flynn v CMA [2022] UKSC 14, reinstating the Competition Appeal Tribunal's ("CAT's") decision to award Pfizer and Flynn costs arising from their successful appeal against the decision by the Competition and Markets Authority ("CMA") which found that Pfizer and Flynn had abused their dominant position in relation to the supply of epilepsy medication.  

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