Commercial conference and Autumn drinks reception

30 Sep 2021, 16:00:00

Commercial conference and Autumn drinks reception

Thursday 30th September 2021

Saddler’s Hall, 40 Gutter Lane, London EC2V 6BR

From 4pm – 6pm (registration and coffee from 3.30pm) followed by drinks and canapes in the courtyard (an indoor wet weather option will be available).

Unpicking deadlocked companies Daniel Warents and Sparsh Garg (slides are available here)

  • Overview of what is meant by “deadlock” in the context of just and equitable winding up petitions.
    • “Functional” deadlock in the running of the company.
    • Breakdown of a relationship of trust and confidence between members.
  • Relationship between winding up on the deadlock ground and unfair prejudice relief.
    • Practice/procedure/availability of interim relief
    • Differences/overlap between what amounts to unfairly prejudicial conduct and what amounts to “deadlock”
    • Applicability of the “clean hands” defence
    • Remedies
  • The future and why just and equitable winding up remains an important weapon in disputes between members

Claim forms, complaints, and catastrophes! Timothy Sherwin (slides are available here)

Timothy Sherwin looks at recent cases where parties have tried to knock out insolvency and fraud claims while still in the starting blocks.

  • Re Taunton Logs Ltd [2021] BPIR 427, and The use of Insolvency Act applications, and the “cure-all” of CPR r. 3.10.
  • King v Stiefel [2021] EWHC 1045 (Comm), and the pleading and striking out of fraud claims.
  • Reflections on what the recent cases suggest the court’s approach to very early determination of serious claims may be.

Limits on Limitation: the law on deliberate concealment Elizabeth Weaver (slides are available here)

Elizabeth Weaver reviews recent cases on the operation of section 32 Limitation Act 1980

  • What is concealment
  • When will it be deliberate
  • What does reasonable diligence require”

Here we go again? Hugh Miall (slides are available here)

Hugh Miall will discuss the thorny issue of the effect of rescission against third parties, including the recent Court of Appeal decision in Ward v Savill and its practical consequences for fraud and other litigation.

Economic duress – what now? Heather Murphy (slides are available here)

A whistle-stop tour of the leading Supreme Court decision in Times Travel v PIAC on lawful act economic duress. Heather Murphy will examine how the law has evolved and what now constitutes lawful act economic duress.

Maloney v Mundays [2021] EWHCC 1324 (Ch) Helen Galley (slides are available here)

Alternative bases for the assessment of damage and the date of assessment.

Be brave and go for it – you may be surprised.  Damages in loss of a chance cases Nicole Langlois (slides are available here)

  • What place does “loss of a chance” play in the law relating to a claim for damages for a loss of profits?
  • What test governs remoteness of damage when claims for professional negligence are brought concurrently in contract and in tort?
  • Consideration of the recent decision of the Supreme Ct concerning the application of the concept of scope of duty in the tort of negligence: Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.

Chaired by Alan Steinfeld QC

A recording of the event can be viewed on our YouTube channel here.

Online bookings are not available for this event.

Barristers