Talk by Sir Rupert Jackson at the Astana International Financial Centre Court to Lawyers Practising In Central Asia On 1 April 2021.
Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation from drug and alcohol addiction did not amount to ‘special circumstances’ for the purposes of the court’s discretion to discharge a disqualification undertaking under section 8A of the Company Directors Disqualification Act 1986 (CDDA 1986). The decision provides important guidance on the relationship between CDDA 1986, ss 8A and 17, the latter under which a disqualified director can obtain permission to act. Written by Benjamin Archer, barrister, and Carola Binney, pupil barrister, at 4 New Square.
George McDonald and Tim Chelmick discuss the Court of Appeal decision in Zuberi v Lexlaw Limited which has made damages-based agreements in England and Wales far more attractive to solicitors and heralds a new dawn for contingency arrangements
The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows:
The practical consequences of the broad policy-based test laid down in recent years to determine when a claimant’s claim is “tainted” by his wrongdoing;
When it is an abuse of process to attack the outcome of previous proceedings in a subsequent claim;
Challenges posed by the separate legal personalities of a company and its shareholders, creditors or other associates;
The need for more certainty in the area of vicarious liability; and
The extent to which the filtering mechanism based on scope of duty can cut down damages in a claim framed in breach of fiduciary duty rather than negligence.
In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.
Following the EU-UK Trade and Co-operation Agreement (“TCA”) and the laying before Parliament of the Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, the key points for jurisdiction over EU-27 Defendants after the end of the transition period are now clear: