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Red Card for a Penalty?

Construction lawyers are extremely familiar with contractual penalty clauses. Recently however contractual law and the issue of penalties in particular has again come under the judicial microscope in two reported cases:- Iman-Sadeque-v-Bluebay Asset Management (Services) Limited [2012] EWHC 3511 (QB) and Cavendish Square Holdings BV and another-v-El Makdessi [2012] EWHC 3582 (Comm) It is important …

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Valuation of Share Holding where there is a Dispute

Summary This is an interesting decision heard on 17th June 2013 which caught our attention involving the purchase of shares and their valuation. In summary, at first instance the Judge carried out a determination of the valuation of the company for the purpose of allowing the respondents to purchase the petitioner’s minority shares with a finding that the petitioner …

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Thinking about bringing a claim for interest rate swap mis-selling?

If you are thinking about bringing a claim against a UK lender you should make sure that you are up to speed with a couple of fairly substantial developments. The first of these is the pending appeal in the Green-v-Royal Bank of Scotland case which is due to be heard by the Court of Appeal in late …

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Death of the Debtor: Insolvency Administration Orders

have no hesitation in recommending Jeremy Boyle (Solicitor) at Summit Law LLP. I was a Joint Liquidator of a nightclub business and Jeremy and his team recovered over half a million pounds in damages following a successful application under Section 423 of the Insolvency Act 1986. Would I use him again? Yes definitely” Ian Robert …

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PFI Test Case Provides Guidance on Limited Partners Liability

The recent decision in Certain Limited Partners In Henderson PFI Secondary Fund II LLP (A Firm) v (1) Henderson PFI Secondary Fund II LLP (A Firm) and others [2012] EWHC 3259 (Comm) provides guidance on the liability of a Limited Partner (“LP”Â) of an English Limited Partnership. The case in question involved the LPs of …

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