The Law Commission is currently consulting on the much-awaited reforms to the Landlord and Tenant Act (‘the 1954 Act’) and the security of tenure regime for commercial leases.
The new laws have the potential to affect a range of businesses. Whether it be a local retail shop in the town centre or a company who…
September was an exciting month in the digital asset space with developments in both Parliament and the Courts. Both venues have made strides to establish digital assets as property in England and Wales. With these developments come a raft of property rights for the owners of such assets, such as the benefit of various consumer…
A recent case in the Commercial Court in London saw the successful recipient of a worldwide freezing order (WFO) ordered to provide an asset disclosure when it could not provide fortification for a cross-undertaking. This is the first reported case of an order of this nature under English law.
At its most basic, the purpose…
By Helen Ryan, Trainee Solicitor, Duane Morris LLP
On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.
The appeal centred around the issue of whether a force majeure clause which required the affected party to exercise ‘reasonable endeavors’ to overcome the effects of…
A recent case turned on the question of whether a limitation clause limited liability just for damages or also for debt.
The clause read:
“the total liability of either party shall in respect of all acts, omissions, events and occurrences whether arising out of any tortious act, breach of contract or statutory duty or otherwise …
The English court decision in Alame & Ors v Shell PLC (formerly known as Royal Dutch Shell PLC) & Anor [2024] EWHC 510 (KB), is relevant to the way that the court will approach disclosure in large scale litigation, including class actions and litigation being pursued under a Group Litigation Order.
The case relates…
Seven companies have a claim against their former director for breach of fiduciary duties. Three of those companies have an arbitration agreement.
All seven companies bring a claim in the English court against the former director who applies to have the court proceedings stayed in favour of arbitration.
The three claimants with an arbitration agreement…
The Court of Appeal in London has today handed down judgment in Dalston Projects Limited & Ors v Secretary of State for Transport [2024] EWCA Civ 172.
The decision relates to two appeals:
…
On 6 February 2024, Partner, Mark Handley and Associate, Paul-Raphael Shehadeh of the London office submitted written evidence to the House of Lords on the proposed reforms to the Arbitration Act.
The evidence has now been published and is available (here).
Duane Morris has followed the work of the Law Commission and its…
On 26 October the Economic Crime and Corporate Transparency Act 2023 finished its passage into law. We reported on this legislation while it was still in the bill stage (here).
This Act introduces unprecedented changes to criminal enforcement against corporations in the United Kingdom.
In addition to a coterie of comparatively minor reforms, the…
