English Commercial Court revisits the ‘Shareholder Rule’ in the context of Legal Professional Privilege over company documents
In the recent judgment of Mr. Justice Picken in Aabar Holdings SARL v Glencore PLC [2024] EWHC 3046 (Comm), the English Commercial Court has re-considered the validity of the alleged ‘Shareholder Rule’, in the context of claims by companies for legal professional privilege over confidential legal documents, as against their own shareholders. Although the Commercial […]
28th November 2024
DIFC Authority enacts legislative amendments to clarify the role of the common law in the DIFC
On 21 November 2024, the Dubai International Financial Centre (DIFC) announced that it was enacting amendments to the DIFC Law on the Application of Civil and Commercial Laws in the DIFC, with a view to confirming in express terms that DIFC Law is supplemented by reference to English common law, and the common law of […]
21st November 2024
‘Potential litigation risk in private credit and fund finance: disclosure, consent and valuation’ JIBFL – Alex Potts KC
Alex Potts KC has recently published an article for the Journal of International Banking and Financial Law, on the subject of fund finance in the Cayman Islands, with the title ‘Potential litigation risk in private credit and fund finance: disclosure, consent and valuation’. In his article, Alex identifies the three main areas of litigation risk, […]
19th November 2024
Simon Davenport KC acts in Ellis Richards and others v The State of Trinidad and Tobago
Judgment was handed down in Ellis Richards and others v The State of Trinidad and Tobago in which Simon Davenport KC led Carsten Zatschler SC, Eamon Courtenay SC, Dr Kenny Anthony (the former prime minister of Saint Lucia), Gregory Pantin of Hamel Smith and Prof Happold. Simon was instructed by Miguel Vasquez of Hamel Smith. […]
13th November 2024
The Court of Appeal for Bermuda revisits Bermuda’s rules on the admissibility of evidence
In its recent judgment in the case of Afiniti Ltd v Chishti [2024] CA Bda 15 Civ, the Court of Appeal for Bermuda has revisited Bermuda’s rules relating to the admissibility of foreign Arbitration Awards, and Independent Counsel opinions, in the context of proceedings brought by a former Director against a Bermuda exempt company claiming […]
13th November 2024
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