Search
Searching Content indexed under Trials & Appeals & Compensation by Richard Barham ordered by Published Date Descending.
Links to Result pages
 
1  
 
Title
Country
Organisation
Author
Date
1
In Or Out? Court Interprets An Indemnity In A Share Purchase Agreement
They therefore fell outside the scope of the indemnity.
UK
28 Aug 2019
2
Bad Leaver Compulsory Transfer Provisions In Articles – Penal Or Not?
The High Court has recently considered whether the compulsory transfer provisions in a company's articles, under which "bad leaver" shareholders were entitled only to a reduced value for their shares, amounted to an unenforceable penalty.
UK
25 Oct 2018
3
Rule Against Reflective Loss Found To Limit Claims By Unsecured Creditors As Well As Shareholders
A recent decision by the Court of Appeal has found that claims by an unsecured creditor against a shareholder alleged to have been dishonestly asset-stripping the company failed because they were caught by the rule against reflective loss.
UK
25 Oct 2018
4
Warranty Claims: The Importance Of Complying With Contractual Requirements
The Court of Appeal has recently upheld a High Court decision which highlights again the importance of complying strictly with the claims notification provisions ...
UK
23 Apr 2018
5
Warranty Claims: The Importance Of Complying With The Contractual Requirements
Another recent case on warranty claims under a share purchase agreement highlights once again the importance of ensuring that any warranty claim is made strictly in accordance with the claims notification provisions in the agreement.
UK
19 Jul 2016
6
Warranty Claims: Excluding Seller Liability
A share purchase agreement will invariably include a seller protection setting out time limits on the buyer's right to bring a claim.
UK
19 Jul 2016
7
Deciding Fair Value Under Pre-Emption Provisions In A Company's Articles
A recent High Court decision involved interpreting the pre-emption provisions in a company's articles. In particular, the court had to consider the basis on which the appointed accountants should value the shares which the defendants wished to transfer.
UK
13 Apr 2016
8
Do Directors Owe Fiduciary Duties To Shareholders?
The case arose from claims brought by Lloyds shareholders against its directors in connection with Lloyds' acquisition of HBOS and its recapitalisation.
UK
28 Jan 2016
9
Directors' Duties: The Proper Purpose Test
It is not enough that the directors have acted in what they believed to be in the best interests of the company.
UK
28 Jan 2016
10
Liability For Pre-Incorporation Contracts
The High Court has considered the liability of a person who purports to make a contract for a company that has not yet been incorporated.
UK
21 Oct 2015
11
Interpretation Of Material Adverse Effect Condition In A Share Purchase Agreement
This is a rare example of a reported case on a material adverse effect condition in a share purchase agreement.
UK
21 Oct 2015
12
Execution Of Contracts: Overseas Companies And Conflicts Of Laws
A recent Court of Appeal decision is a good reminder that the issue of who can bind an overseas company that is party to an English law contract is governed by the law of the place where the company is incorporated.
UK
20 Jul 2015
13
Warranty Claims: The Importance Of Giving Notice Correctly
This recent High Court decision highlights the importance of following the relevant clauses of a share purchase agreement when giving notice of a warranty claim.
UK
20 Jul 2015
14
Amending Drag-Along Rights In A Company's Articles
The Court of Appeal has rejected an appeal in an unfair prejudice claim based on a variation of drag-along rights in a company's articles.
UK
20 Jul 2015
15
Dealing With Requests To Inspect A Company's Register Of Members
The High Court has considered two issues regarding a request to inspect a company's register of members.
UK
20 Apr 2015
16
Share Purchase Agreement: Validity Of Earn-Out Notice
The Court of Appeal has considered whether a notice setting out a buyer's calculation of an earn-out was invalid because the buyer failed to comply with the terms of the underlying share purchase agreement.
UK
20 Apr 2015
Links to Result pages
 
1