Views from the Bridge: The Commercial Disputes newsletter

The latest views, news and legal updates from Howard Kennedy's Commercial Dispute Resolution team.

June 2023

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Spotlight on...

Supreme Court rules in favour of Shell in Nigerian 'Bonga Oil Spill' case

In a recent legal win for Shell, the Supreme Court unanimously rejected limitation arguments put forward by two Nigerian landowners in respect of the continuing impact of one of the largest oil spills in Nigerian oil exploration. Robyn Watson and Gabi Luknar consider the decision.


Legal Updates and Insights

Eurafric: Commercial Court considers the impact of parallel Nigerian Court proceedings on English enforcement of arbitral awards

In the Eurafric case, the court assessed the consequences of parallel proceedings in Nigeria on enforcement of an arbitral award in England against the Federal Republic. The Judge also examined the effect of a failure to provide full and frank disclosure in respect of the Nigerian proceedings when applying to enforce without notice. Duncan Bagshaw and Sanchita Agrawal take us through the decision.



SLAPPs crackdown - judges to be given greater powers to deal with abusive litigation practices

Judges are to be given greater powers to dismiss lawsuits known as SLAPPs, through government amendments to the Economic Crime and Corporate Transparency Bill. Matt Gill and Gabi Luknar take a look at the amendments being introduced and the likely impact.



Does ceasing to be a party to a contract result in the revocation of the arbitration agreement

The question for the Commercial Court in Port De Djibouti SA v DP World Djibouti FZCO was whether an arbitral tribunal could exercise jurisdiction over a party that had already ceased to be a party to a contract containing an arbitration clause. In his article, Toheeb Amuda considers the decision and the key takeaways.



News From the Bridge

London International Disputes Week

As part of London International Disputes Week 2023, we hosted a session exploring the increasing importance of ESG to business strategy and survival, and the resulting impact on directors' duties. Vernon Dennis shares the key takeaways from the discussion.



Insolvency Corner

Disqualification and misconduct claims on the rise as company directors and officers face greater scrutiny 

Although the majority of cases where a company enters into liquidation do not result in disqualification proceedings, complaints of misconduct are increasing. Rachel Brown looks at some of the reasons and provides her top tips for directors and officers to mitigate against these risks.



Local council 'bankruptcy' – what does it mean and what's behind the recent trend?

On 7 June 2023, Woking Council declared that it was at serious risk of insolvency, citing "unprecedented financial challenges" leaving the council facing a deficit of £1.2 billion. What does it mean when a local council declares itself 'bankrupt', what might be behind this trend, and what might the future look like for local councils.



Hunter Boots enters administration just before Glastonbury

Get the lowdown on Hunter Boots' recent pre-pack administration.



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