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).
- 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
- The future and why just and equitable winding up remains an important weapon in disputes between members
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  BPIR 427, and The use of Insolvency Act applications, and the “cure-all” of CPR r. 3.10.
- King v Stiefel  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.
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”
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.
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.
Alternative bases for the assessment of damage and the date of assessment.
- 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  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.