Cleveland & Co | External in-house counsel®

Jurisdiction

Europe

In what situations can you terminate for breach of contract?

by Leela|15 January 2020|Industry News

The Court of Appeal’s judgement in Ark Shipping Company LLC and Silverburn Shipping (IOM) Ltd (The “Arctic”) [2019] sets out clearly the factors that the English courts will take into account in ascertaining whether a term is a condition or an innominate term in a contract. Depending on the classification of the term, varying rights are […]

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Supreme Court interprets exclusive jurisdiction provisions narrowly

by Leela|19 December 2019|Industry News

On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019], which overturned the decision of the Court of Appeal [2017], with regard to the interpretation of the exclusive company law jurisdictional provisions in Article 24(2) of the Regulation (EU) 1215/2012 (the “Brussels I (Recast) Regulation”) The judgment […]

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Competing jurisdiction clauses

by Leela|9 December 2019|Industry News

This case is yet another ruling of English courts on competing clauses, and reaffirms the importance of the jurisdiction choices made through standard documentation in financial and derivatives documentation. In October 2008, Trattamento Rifiuti Metropoliani SpA (“TRM”), an Italian company specialised in waste treatment, entered into a financing agreement with a syndicate of banks led […]

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Climate Change Reporting: The impact and risks of climate change

by Leela|3 December 2019|Industry News

SUMMARY The Task Force on Climate-related Financial Disclosures (“TCFD”) was established by the Financial Stability Board in December 2015 to develop a set of voluntary and consistent climate-related disclosure recommendations for use by organisations to provide information to investors, lenders, insurance underwriters and other stakeholders about climate-related financial risks. The TCFD assists organisations in understanding […]

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The Supreme Court of Ireland affirms High Court’s finding of fraudulent misrepresentation in Harlequin case

by Leela|2 December 2019|Industry News

In reference to the case Harlequin Property (SVG) Ltd, (the Plaintiffs) vs O’Halloran (the “Defendant”) [2019] IESC 76, on 1 November 2019, the Supreme Court affirmed the High Court’s finding of fraudulent misrepresentation against the Defendant and dismissed his appeal. BACKGROUND In May 2008, the Plaintiffs, entered into a contract with a group of companies […]

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The UK Investment Association launches a final report on responsible investment

by Leela|28 November 2019|Industry News

On 18 November 2019, the UK Investment Association (the “IA”), a trade body representing investment and asset management firms in the UK, launched a final report (the “Report”) on the first industry-agreed responsible investment framework with the goal of bringing clarity and consistency to investors regarding the products and opportunities available to them. The IA […]

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First shareholder class action in England and Wales is dismissed

by Leela|19 November 2019|Industry News

SUMMARY On 15 November 2019, the first judgement on a shareholder class action in England and Wales was delivered, dismissing a claim brought by a group of Lloyds shareholders against Lloyds TSB plc (“Lloyds”) and five of its former directors relating to an acquisition of HBOS plc (“HBOS”) in 2008. Sharp v Blank [2019] EWHC […]

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UK: Emma Cleveland shortlisted in the British Legal Week Awards 2019

by Leela|1 October 2019|Awards

Huge congratulations to our Managing Director, Emma Cleveland, for being shortlisted in the 2019 British Legal Awards hosted by Legal Week, amongst such a fantastic group of women in the category for Women in Law Award – Wider Industry! The British Legal Awards are the leading awards for the UK’s business law community and highlight the […]

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