Company decision-making was under the spotlight in December 2019, when the UK’s Court of Appeal was asked to consider the “Duomatic principle” (taken from the 1969 case Duomatic Ltd, Re [1969] 2 Ch. 365) which gave credence to informal shareholder approvals in certain circumstances.
Continue Reading Don’t forget about the trustee body seeking to rely on informal shareholder approvals

Over the course of 2019, the Courts of England and Wales heard several cases which explored the circumstances in which the Courts are willing to imply terms into contracts. We have considered two such cases, Wells v Devani and Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP and set out our observations below.
Continue Reading Which came first, the binding contract or the implied term?

Looking back at the top eight cases of 2019 in the UK

Last year was an interesting year in the UK Courts for businesses and corporate/commercial lawyers alike. Whilst we do not intend to provide you with an exhaustive list of all UK Court decisions, we have selected 9 key cases heard which are both thought-provoking and relevant to those who are not as close to the UK legal system and which could potentially affect you or your clients’ business. Some of the key findings are set out in the summaries below:

Continue Reading The Full English:Looking back at the top eight cases of 2019 in the UK

By Dai Yue and Li Tianren King & Wood Mallesons’ Dispute Resolution group

On 30th June 2017, the Intermediate People’s Court of Wuhan, Hubei Province (‘’Wuhan Intermediate Court’’) handed down its judgment in Application to Recognize and Enforce a Foreign Civil Judgment by Liu Li v. Tao Li and Tong Wu” (2015 E Wuhan Zhong Min Shang Wai Chu Zi No. 00026) (“Judgment”) in which the Court considered the recognition and enforceability of a foreign judgment in China. For the first time, the Court, on the basis of acknowledging juridical reciprocity between China and the US, ruled that a US civil court ruling was to be recognized as legally binding on Chinese soil.
Continue Reading Recognition and Enforcement of Foreign Judgments in China: Progress and Challenges Go Hand-in-hand