Mr Justice Leech has today handed down judgment in the BHS proceedings. Lexa Hilliard KC and Rachael Earle acted for Mr Henningson, instructed by Bark&Co. For those without the time to digest all 533 pages immediately, we have summarised the key points here: https://lnkd.in/e4Qf25kV #insolvency #insolvencylaw #BHS
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An important read for all those advising directors and certainly not a straightforward win/loss for either side. Read our summary here.
Mr Justice Leech has today handed down judgment in the BHS proceedings. Lexa Hilliard KC and Rachael Earle acted for Mr Henningson, instructed by Bark&Co. For those without the time to digest all 533 pages immediately, we have summarised the key points here: https://lnkd.in/e4Qf25kV #insolvency #insolvencylaw #BHS
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This case will be of interest to members of the arbitration bar. Ontario's Arbitration Act, 1991, says that an objection must be made "no later than the beginning of the hearing" (s. 17(3)). But does that mean the respondent to an arbitration can engage in the arbitral process for over a year, including by delivering a counterclaim that they refer to the same arbitral tribunal, and then object to jurisdiction one week before the hearing is scheduled to commence? This decision confirms that if a respondent, by their words or conduct, agreed to refer matters in dispute to the arbitratral tribunal, they cannot later object to the tribunal's jurisdiction, as they will be held to have waived any jurisdiction objection they could raise. #arbitration #litigation #jurisdiction
Matthew Gottlieb and Andrew Winton were successful in obtaining the dismissal of an application to determine whether an arbitrator erred in finding he had jurisdiction over relief claimed by LOLG’s clients. Read more: https://bit.ly/3SMVt5r
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Legal Warriors Alert! 🚨 ⚔️ NCLA is making waves in the battle against the ever-expanding #AdministrativeState! Check out this illuminating article from The Epoch Times highlighting our legal team's valiant efforts to rein in bureaucratic overreach and restore accountability. Together, we're fighting for constitutional principles and the rule of law. Read more here: https://lnkd.in/gtqsV-94
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We've published a judgment summary by Mani Singh Basi, a barrister at 4PB. To read a summary of 'Z v V & Anor [2024] EWHC 365 (Fam)' visit our website: https://bit.ly/3TpM6sX #FamilyLaw #Wardship #PSO
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TDCI regulates several hundred thousand Tennesseans in their professions and businesses. These boards, commissions, and programs are empowered to take disciplinary action including revocation of licenses and assessment of civil penalties against license holders found guilty of violating laws governing their professions. Consumers are encouraged to file complaints with our team when they feel they have been the victim of an unfair or deceptive business practice, witness unlicensed activity or see suspected misconduct or other violations of respective law or rules. Follow the link to file a complaint: https://lnkd.in/eC9rTyGN #consumerprotection #tennessee #seesomethingsaysomething
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The High Court has handed down judgment in the case of West Northamptonshire Council v KA v Ord [2024] EWHC 79 (Fam) which is a significant decision that provides important guidance for the use of intermediaries within family proceedings. Samantha Dunn and Clare Meredith of 36 Family, and the representatives on the case, through their exceptional efforts, successfully secured a continuation of a wholesale appointment of the intermediary. This decision aligns with the unique circumstances of the case and reinforces the importance of a nuanced approach to intermediary appointments. In Mrs. Justice Lieven's view, such appointments should be the exception, considering individual needs, case context, and protection of Article 6 rights. This recent case challenges the standard practice, emphasising that the appointment of intermediaries should be rare and even more exceptional for entire trial use. More information on this case and subsequent guidance can be found in our upcoming 36 Family Newsletter. Find out more about Samantha: https://lnkd.in/ew8xTEhX Find out more about Clare: https://lnkd.in/eVWrNx2k #HighCourtDecision #FamilyLaw #Article6Rights #IntermediariesInLaw
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The typical situation in which a defendant is liable for tortious interference with contract is when a defendant prevents a third party from performing its contract with the plaintiff. But a defendant may also be liable for tortious interference when it prevents the plaintiff from performing its contractual obligations with a third party.
On October 7, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, Index No. 652698/2022, holding that a defendant may be liable for tortious interference with contract when the defendant causes the plaintiff to breach its own contract with a nonparty, explaining: See the full link: https://lnkd.in/e27bXqDE
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Here’s this week’s D&D Friday Legal Update for November 1, 2024! This update covers two key cases: 1. Viegas & Ors v Cutrale & Anor [2024] EWHC 2609 (Comm) (22 October 2024) https://lnkd.in/eVRe6PHD, and 2. The Pentagon Food Group Ltd & Ors v B Cadman Ltd [2024] EWHC 2513 (Comm) (09 August 2024) https://lnkd.in/eVixPy6y I hope these insights are valuable to you! #LegalUpdate #ConstructionLaw #Adjudication #CommercialLaw #FridayBriefing #CaseLaw #LegalInsights #November2024 #DandDUpdates #EWHC #withoutprejudice #preliminarytrial #limitationperiod #constructiveknowledge #actionablemisrepresentation #mediation #litigation
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Join us for an in-depth look at the most important decisions issued by the U.S. Court of Appeals for the Fifth Circuit from late 2023 to early 2024. Andrew R. Lee will cover both headline-making rulings and quieter cases with big effects on the legal landscape. You’ll learn about significant cases, spot trends, and how the Fifth Circuit’s latest moves are making waves at the Supreme Court. Register now! #appellatepractice #usfifthcircuit #decisions #cle #neworleanslawyers
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Last month, the #FifthCircuit Court of Appeals joined other Circuits in holding that contacts related to the parties’ underlying dispute should be considered when assessing personal jurisdiction. Meanwhile, the Northern District of Mississippi and the Northern District of Texas offered contrasting perspectives on the impact of a Rule 12 motion on the question of waiver. Read more in the latest edition of #Arbitration in the Fifth by Odean Volker below.
Arbitration in the Fifth – January 2024
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Mark works nationally and in central London
5moGood morning, with reference to Mr. Henningson's liability, what is IND please?