Latest by Joe Cresswell

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Summary judgment application does not amount to submission to English jurisdiction

Published on 09 December 2021. By Jake Hardy, Partner and Joe Cresswell, Associate

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Does applying for summary judgment application before the determination of a parallel application for a stay, amount to a step in the proceedings that results submission to the jurisdiction?

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High Court finds agency relationship and 'control' for purposes of disclosure where third party not authorised to sign contract for principal

Published on 28 October 2021. By Daniel Hemming, Partner and Joe Cresswell, Associate

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In Quartz Assets LLC and another v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm), the High Court held that a third party authorised to conduct contractual negotiations on behalf of the Defendant, but not sign the contract, was acting as an agent, and that relevant documents which it had created were therefore in the Defendant's control and ought to be disclosed. The decision emphasises that the courts will consider substance over form when determining whether an agency relationship exists, and constitutes a reminder of the definition of 'control' for the purposes of disclosure.

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Lenders face more allegations about their actions on restructuring

Published on 14 February 2020. By Parham Kouchikali, Partner and Joe Cresswell, Associate

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Representatives of a lender on a board will not automatically impose directors' duties on the lender, but they may apply where a director's specific instructions have led directly to a breach of fiduciary duty. The High Court recently explored this issue in an appeal in the case of Standish v Royal Bank of Scotland plc.

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Breaking news - dominant purpose test extends to legal advice privilege

Published on 31 January 2020. By Davina Given, Partner and Joe Cresswell, Associate and Kiran Dhoot, Associate

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The Court of Appeal has held that legal advice privilege will apply to communications only if seeking or giving legal advice is their dominant purpose.

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English Court trumps the FBI

Published on 05 April 2019. By Davina Given, Partner and Joe Cresswell, Associate

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In HP's high profile claim against Mike Lynch in relation to its acquisition of Autonomy, the English High Court has held that the implied undertaking against collateral use of documents received in the course of litigation prevented disclosure of those documents to the FBI.

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Property Alliance Group Limited v The Royal Bank of Scotland plc – a pyrrhic victory?

Published on 04 April 2018. By Parham Kouchikali, Partner and Joe Cresswell, Associate

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The Court of Appeal handed down its much anticipated judgment on the misselling and LIBOR manipulation test case in March. Whilst the appeal was dismissed in full, the Court of Appeal's decision clarified a number of aspects of the law in this area and, in particular, the circumstances in which an implied representation in respect of LIBOR would arise.

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When will pleading "special circumstances" permit collateral use?

Published on 22 February 2018. By Joe Cresswell, Associate and Geraldine Elliott, Global Head of Commercial Disputes

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Having taken a strict approach when considering what constituted "collateral use" in Tchenguiz v Grant Thornton UK LLP, the Commercial Court has moved quickly to clarify the test for "special circumstances" in applications for permission to use previously disclosed documents in The Libyan Investment Authority v Société Générale SA and others.

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