Beata Baruch

Intervention Fraud: Court of Appeal Clarifies Liability

Intervention Fraud: Court of Appeal Clarifies Liability

In the recent case of Logix Aero Ireland Limited v Siam Aero Repair Company Limited, the Court of Appeal dismissed the appeal by Logix and upheld the first instance decision in Siam Aero’s favour. The case involved intervention fraudsters interposing themselves in a transaction between the parties.

When is a Refusal to Mediate 'Unreasonable'

When is a Refusal to Mediate 'Unreasonable'

The courts in England and Wales expect parties to consider settlement at all stages of proceedings and can penalise in costs any unreasonable refusal to mediate. A recent case considered whether the defendants’ approach was “unreasonable”, and offers valuable insight as to when a refusal to mediate may be penalised.

The UK ratifies the Hague 2019 Convention

The UK ratifies the Hague 2019 Convention

On 27 June 2024, the UK gave effect to its intention by ratifying Hague 2019. It will come into force for the UK on 01 July 2025.  The UK’s ratification was accompanied by a declaration that, initially at least, Hague 2019’s application will be limited to England and Wales only, i.e., it will not apply in Scotland and Northern Ireland. 

Unfair Prejudice Petitions at risk of time-bar

Unfair Prejudice Petitions at risk of time-bar

Unfair prejudice petitions under s.994 Companies Act 2006 are a key way for minority shareholders to pursue claims when their interests have been adversely affected by the conduct of the majority.  However, until very recently, there was considerable doubt as to whether claims brought in this way by minority shareholders could be time-barred under the provisions of the Limitation Act 1980, and, if so, how.  The received wisdom was that they probably couldn’t be.

Laytons successful in defending unfair prejudice petition against prosthesis disrupter

Laytons successful in defending unfair prejudice petition against prosthesis disrupter

Judgment was handed down on 19 July 2023 in Re Mitt Wearables Ltd, in which Laytons acted for the 5th respondent Koalaa Ltd, the disruptive designer of soft sleeve prostheses. Koalaa is now set to revolutionise the market for prostheses and make comfortable, adaptable and affordable prostheses for all kinds of limb differences accessible to all.